CODE 


OF 


ELECTION  LAWS 

OF  THE 

State  of  New  York, 


AS 


Enacted  by  the  Legislature  of  1890, 


\vn  H 


NOTES,  FORMS  AND  INSTRUCTIONS. 


ALBANY: 

THE  ARGUS  COMPANY,  PRINTERS. 

1890. 


/ 


r,r . 

K. 


1 


s, 


/ 


P  ©fficc  of  ^ccvctax'ij  of  Jifatc, 

^  Albany,  N.  Y.,  June  2,  1890. 


1 


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This  code  of  the  laws  relating  to  the  registration  of  voters 
and  election  laws  is  issued  pursuant  to  chapter  325,  Laws 
of  1890,  and  is  intended  for  the  guidance  of  officers  in 
the  administration  of  the  election  and  registration  laws, 
passed  by  the  Legislature  of  1890,  and  approved  by  the 
Governor. 

In  addition  to  specific  instructions  intended  for  election 
and  registration  officials,  forms  of  certificates  required  to  be 
issued  and  filed  in  public  offices,  and  notices  to  be  issued 
and  posted  for  the  guidance  of  voters,  are  given. 


FRANK  RICE,  • 

V  Secretary  of  State, 


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Diagram  of  Doom,  Eightekn  p.y  Tm'enty  Feet,  •  Illustrating 
Location  of  Five  Booths  for  Poll  of  Tm*o  Hundred  and 


Fifty  Voters,  m'ith  Location  of  Election  Officers. 


C  —  Table,  Clerks  of  Election. 

D  D  —  Yotins:  booths. 

E  —  Guard  rail  (six  feet  distance  from  either  voting  booth  or  Inspectors  of  Election). 
S  S  S  —  Inspectors  of  Election. 

P  P  —  Ballot  Clerks. 

W  W  —  Clerks  of  Election. 

X  X  X  — Challengers  (in  plain  view  of  all  the  election  officers  and  booths). 

N  —  Entrance  through  guard-rail. 


Ballot  — Official  Size  —  Open  —  Showing  Nuniher  on  Stub  and  Indorsement. 


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Clerk  of  Tariff  County. 


Ballot— Official  Size  — Open— Sliowin^  Names  of  Candidates. 


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For  Associate  Judge  of  tlie  Court  of  Appeals, 


Ballot  — Official  Size— First  Fold  Lengtliwise. 


Ballot— Official  Size— Second  Fold  Crosswise. 


Eacli  olficial  ballot  shall  be  of  uniform  size  and  of  uniform  j\apcr  in  color  and  quality.  It  shall  bo  six  inches  wide  and  of  uniform  length  at 
'ach  poll  in  eacli  county.  It  shall  have  a  perforated  line  running  across  the  top  so  as  to  leave  the  space  therein  above  said  line  one  inch  wide. 
Idle  official  ballot  shall  be  folded  first,  lengthwise  up  to  the  pcirforahnl  line  across  the  top  ;  second,  then  folded  crosswise. 


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Election  Laws  of  1890. 


Clnapter  262. 

AX  ACT  TO  Promote  the  Independence  of  Yotees  at 

Public  Elections,  Enforce  the  Secrecy  of  the  Ballot, 

AND  Provide  for  the  Printing  and  Distribution  of 

Ballots  at  Public  Expense. 

Approved  by  the  Governor  May  2,  1890.  Passed,  tliree-fifths  being 
present. 

The  Peojyle  of  the  State  of  JTew  Yort\  Tejyresented  in 
Senate  and  Assernhlij,  do  enact  asfolloios : 

Section  1.  All  ballots  cast  in  elections  for  public  office 
within  this  State  shall  he  printed  and  distributed  at  piildic 
expense.  The  printing  of  ballots  and  cards  of  instruction  for 
the  voters  in  each  count j,  and  the  delivery  of  the  same  to  the 
clerks  and  election  officers,  as  hereinafter  provided,  shall  be 
a  county  charge,  the  payment  of  which  shall  be  provided  for 
in  the  same  manner  as  the  payment  of  other  county  expenses ; 
hut  the  expense  of  printing  and  delivering  the  ballots  and 
cards  of  instruction  to  be  used  in  local  elections  shall  be  a 
charge  upon  the  city,  town  or  village  in  which  sucli  local 
election  shall  be  held. 

§  2.  Any  convention  or  primary  meeting,  as  hereinafter 
defined,  held  for  the  purpose  of  making  nominations  to  public 
office,  and  also  voters  to  the  number  hereinafter  specified,  may 
nominate  candidates  for  public  office  to  be  filled  by  election 
within  the  State.  A  convention  or  primary  meeting  within  the 
meaning  of  this  act  is  air  organized  assemblage  of  voters  or 
delegates  representing  a  political  party  which,  at  the  last  elec¬ 
tion  before  the  holding  of  such  convention  or  primary  meeting, 


E^^ense  of 
printing 
and  distri¬ 
bution  of 
ballots,  etc. 


Nomination 
of  candi¬ 
dates  by 
party  organ 
izations. 


12 


Election  Laws  of  1890. 


Chap.  262. 


Certificates 
of  nomina¬ 
tion. 


How  exe¬ 
cuted  and 
verified. 


Certificate 
made  by 
committee. 


Certificates, 
where  to  be 
filed. 


polled  at  least  one  per  centum  of  the  entire  vote  cast  in  the  State, 
county  or  other  division  or  district  for  which  the  nomination 
is  made.  A  committee  appointed  by  any  such  convention  or 
primary  meeting  may  also  make  nominations  to  public  office 
when  authorized  to  do  so  by  resolution  duly  passed  by  the 
convention  or  meeting  at  wliich  such  committee  was  appointed. 

§  3.  All  nominations  made  by  such  convention,  committee 
or  primary  meeting  shall  be  certified  as  follows :  The  certifi¬ 
cate  of  nomination,  which  shall  be  in  writing,  shall  contain 
the  name  of  the  office  for  which  each  person  is  nominated,  the 
name  and  residence  of  each  such  person,  and  if  in  a  city  the 
street  number  of  residence  and  place  of  business,  if  any,  and 
shall  designate  in  not  more  than  five  words,  the  party  which 
such  convention  committee  or  primary  meeting  represents. 
It  shall  be  signed  by  the  presiding  officer  and  secretary  of 
such  convention,  committee  or  primary  meeting,  who  shall 
add  to  their  signatures  their  respective  places  of  residence,  and 
make  oath  before  an  officer  qualified  to  administer  the  same, 
that  the  affiants  were  such  officers  of  such  convention,  com¬ 
mittee  or  primary  meeting,  and  that  said  certificates  and  the 
statements  therein  contained  are  true  to  the  best  of  their 
knowledge  and  belief.  A  certificate  that  such  oath  has  been 
administered  shall  be  made  and  signed  by  the  officer  before 
whom  the  same  was  taken  and  attached  to  such  certificate  of 
nomination.  When  the  nomination  is  made  by  a  committee, 
the  certificate  of  nomination  shall  also  contain  a  copy  of  the 
resolution  passed  at  the  convention  or  primary  meeting  which 
authorized  the  committee  to  make  such  nomination. 

§  4.  Certificates  of  nomination  of  candidates  for  offices  to 
be  filled  by  the  voters  of  the  entire  State,  or  of  any  division 
or  district  greater  than  a  county,  shall  be  filed  with  the 
Secretary  of  State,  exce]3t  as  in  this  section  otherwise  pro¬ 
vided.  All  other  certificates  of  nomination  shall  be  filed  with 
the  clerks  of  the  respective  counties  wherein  the  officers  are 
to  be  elected.  The  certificate  of  a  nomination  for  member 
of  assembly  in  the  counties  of  Fulton  and  Hamilton,  shall  be 
filed  in  the  office  of  the  county  clerk  of  Fulton  county,  and  a 


Election  Laws  of  1890. 


13 


copy  thereof  certified  by  said  county  clerk  of  Fulton  county 
shall  be  filed  in  the  office  of  the  county  clerk  of  Flainilton 
county.  The  certificate  of  nomination  for  senator  for  the 
fifth  senatorial  district  shall  be  filed  in  the  office  of  the  clerk 
of  the  city  and  county  of  !New  York,  and  a  copy  thereof 
certified  by  said  clerk  shall  be  filed  in  the  office  of  the  county 
clerk  of  Richmond  county. 

§  5.  Candidates  for  public  office  may  l>e  nominated  other¬ 
wise  than  by  a  convention,  committee  or  j^rimary  meeting  in 
the  manner  following  :  A  certificate  of  nomination  containing 
the  name  of  a  candidate  for  the  office  to  be  filled,  with  such 
information  as  is  recpiired  to  be  given  in  certificates  ])rovided 
for  by  section  three  of  this  act,  except  that  the  said  certificate 
shall  designate  in  not  more  than  five  words,  instead  of  the 
party,  the  political  or  other  name  which  the  signers  shall 
select,  shall  be  signed  by  voters  residing  within  the  district  or 
political  division  in  and  for  which  the  officer  or  officers  are 
to  be  elected,  to  the  number  of  at  least  one  thousand,  when 
the  nomination  is  for  an  office  to  be  filled  by  the  voters  of 
the  entire  State ;  of  at  least  two  hundred  and  fifty  when  the 
nomination  is  for  an  office  to  be  filled  by  the  voters  of  a 
district  less  than  the  State  and  greater  than  a  county  (except 
the  assembly  district  composed  of  Fulton  and  Hamilton 
counties),  or  by  the  voters  of  a  county  or  city  ;  of  at  least  one 
hundred  when  the  nomination  is  for  an  office  to  be  filled  by 
the  voters  of  an  assembly  district ;  of  at  least  fifty  when  the 
nomination  is  for  an  office  to  be  filled  by  all  the  voters  of  a 
ward  town  or  village  ;  but  when  the  nomination  is  for  an 
office  to  be  filled  by  the  voters  of  the  city  and  county  of  Yew 
York,  or  of  the  county  of  Kings  or  of  the  city  of  Brooklyn, 
the  number  of  signatures  so  required  sliall  not  be  less  than 
three  hundred,  and  when  the  nomination  is  for  an  office  to  be 
filled  wholly  or  in  part  by  the  voters  of  oiily  a  portion  of  said 
city  and  county  of  Yew  York,  or  the  said  county  of  Kings  or 
of  the  said  city  of  Brooklyn,  less  than  the  whole,  such  number 
shall  not  be  less  than  one  hundred.  The  signatures  to  a 
certificate  of  nomination  need  not  all  be  appended  to  one 


Chap,  262. 


Nomina¬ 
tions  other 
than  by 
party  organ¬ 
ization. 


ff 


Certificates, 
how  exe¬ 
cuted  and 
acknowl¬ 
edged. 


14 


Election  Laws  of  1890. 


Chap.  262. 


Filinj; 

thereof. 


Ret<tric- 
tions  as  to 
certificates. 


Certificates 
to  be  pre¬ 
served. 


Open  to 
inspection. 


Time  within 
which  certi¬ 
ficates  may 
be  filed. 


paper.  The  certificate  may  designate  and  appoint  upon  the 
face  thereof  one  or  more  persons  who  for  the  purposes 
set  forth  in  section  seventeen  of  this  act  sliall  represent  the 
signers  of  said  certificate.  Each  voter  signing  a  certificate 
shall  add  to  his  signature  his  place  of  residence,  and  shall, 
before  an  officer  duly  authorized  to  take  acknowledgments, 
acknowledge  his  signature,  and  make  oath  that  he  is  a  voter, 
and  has  trulv  stated  his  residence.  Such  certificate,  when 

t/  / 

executed  and  acknowledged  as  above  prescribed,  may  be  filed 
as  provided  for  in  section  four  of  tliisact,  in  the  same  manner 
and  with  the  same  effect  as  a  certificate  of  nomination  made 
by  a  party  convention,  committee  or  primary  meeting. 

§  6.  Xo  certificate  of  nomination  shall  contain  the  names 
of  more  candidates  for  any  office  than  there  are  persons  to  be 
elected  to  such  office,  ^^o  person  shall  sign  more  than  one 
certificate  of  nomination  for  any  office. 

§  7.  The  Secretary  of  State  shall  cause  to  be  2:>reserved  in 
his  office  all  certificates  of  nomination  filed  tlierein  under  the 
provisions  of  this  act ;  and  each  county  clerk  shall  cause  to 
be  preserved  in  his  office  all  certificates  of  nomination  filed 
therein  under  the  provisions  of  this  act.  All  such  certificates 
shall  be  open  to  public  inspection,  under  ^Droper  regulations, 
to  be  made  by  the  officers  with  whom  the  same  are  filed. 

S  8.  When  nominations  are  made  bv  a  convention,  com- 
mittee  or  priniary  meeting,  as  provided  for  in  section  three 
of  this  act,  the  certificates  of  nomination  to  be  filed  with  the 
Secretary  of  State  shall  be  filed  not  more  than  forty  nor  less 
than  twenty-five  days  before  the  day  fixed  by  law  for  the 
election  of  the  persons  in  nomination ;  and  the  certificates  of 
nomination  herein  directed  to  be  filed  with  a  county  clerk 
shall  be  filed  not  more  than  thirty  nor  less  than  twenty  days 
before  election.  Certificates  of  nomination  otherwise  than 
by  a  convention,  committee  or  primary  meeting,  made  accord¬ 
ing  to  the  provisions  of  section  five  of  this  act,  shall,  when 
required  to  be  filed  with  the  Secretary  of  State,  be  filed  not 
more  than  fortv  nor  less  than  fifteen  davs  before  election : 
and  when  required  to  be  filed  with  the  county  clerk,  shall  be 


Election  Laws  of  1890, 


15 


Chap  2G2 

filed  not  more  than  thirty  nor  less  than  twelve  days  before 
election. 

§  9.  The  Secretary  of  State  shall  immediately,  upon  the  Duty  of 

.  .  Secretary  of 

expiration  of  the  time  within  which  certificates  of  nomination  state  upon 
may  be  filed  with  him,  certify  to  the  county  clerk  of  each 
county  within  which  any  of  the  voters  may  by  law  vote  for 
a  candidate  or  candidates  named  in  the  certificate,  the  name 
and  description  of  each  of  such  candidates,  together  with  the  ‘ 
other  details  mentioned  in  the  certificate  of  nomination  so 
filed  with  the  Secretary  of  State. 

S  10.  At  least  six  davs  before  an  election  to  fill  any  public  Publication 
office,  the  county  clerk  of  each  county  shall  cause  to  be  pub- 
lished  in  not  less  than  two  nor  more  than  four  newspapers 
within  the  county,  a  list  of  all  nominations  to  office  certified 
to  him  under  the  j^rovisions  of  this  act.  Such  publication 
shall  contain  the  name  and  residence  and  if  in  a  city  the  street 
number  of  residence  and  of  i^lace  of  business  if  any,  and  the 
party  or  other  designation  of  each  candidate.  In  case  of 
municipal  elections  such  publication  of  the  names  of  candi¬ 
dates  for  municipal  office  shall  be  made  in  newspapers  which 
are  published  within  the  municipality  where  the  election  is 
to  be  held.  One  of  such  publications  shall  be  made  in  a  news-  selection  of 

news- 

paper  which  advocates  the  principles  of  the  political  Jiarty  papers, 
that  at  the  last  preceding  election  cast  the  largest  number  of 
votes  in  the  State ;  and  another  of  such  publications  shall  be 
made  in  a  newspaper  which  advocates  the  principles  of  the 
political  party  that  at  the  last  preceding  election  cast  the  next 
largest  number  of  votes  in  the  State.  The  county  clerk  in 
selecting  the  respective  papers  for  such  publication,  shall 
select  those  which,  according  to  the  best  information  he  can 
obtain,  have  the  largest  circulation  within  such  city  or  county. 

In  making  additional  publications  the  county  clerk  shall  keep 
in  view  the  object  of  giving  information,  so  far  as  possible 
to  the  voters  of  all  political  parties ;  and  in  no  event  shall 
such  additional  publications  be  made  in  two  newspapers 
rejiresenting  the  same  political  party.  The  county  clerk  Daily  puWi- 

0^  lions* 

shall  make  such  publications  daily  in  counties  where  daily 


16 


Elec'fiox  Laws  of  1800. 


Chap.  2G2. 


Printed  lists 
to  be  sent 
town  clerks 
and  aider- 
men. 


Posting 
thereof  in 
election 
districts. 


Provisions, 
when  not  to 
apply  to 
cities. 


Nomina¬ 
tion,  when 
void  by 
declination. 


Notice  to 
other  candi¬ 
dates. 


iiewsjmpers  are  pulilislied  ;  l)nt  if  there  be  no  daily  newspaper 
published  within  the  county,  one  publication  in  each  news¬ 
paper  shall  be  sulhcient.  Should  the  county  clerk  find  it 
impracticable  to  make  the  publication  six  days  before  election 
day,  in  counties  where  no  daily  newspaper  is  printed,  he  shall 
make  the  same  at  the  earliest  possible  day  thereafter. 

§11.  The  county  clerk  of  each  county  shall,  at  least  six 


days  before  election  day,  send  to  the  town  clerk  of  each  toAvn 
and  to  the  alderman  of  each  ward  in  any  city  therein,  printed 
lists,  at  least  five  and  not  more  than  ten  copies  for  each  elec¬ 
tion  district  in  such  toAvn  or  Avard,  containing  the  name  and 
residence,  and  if  in  a  city  the  street,  number  of  residence 
and  of  place  of  business,  if  any,  and  party  or  other  designa¬ 
tion  of  each  candidate,  nominated  as  hereinbefore  pro  Added, 
to  be  Amted  for  by  the  voters  of  the  respectwe  toAvns  and 
Avards.  Such  lists  shall  at  least  three  days  before  the  day  of 
election  be  conspicuously  posted  by  such  toAA'ii  clerk  or  aider- 
man  in  one  or  more  public  places  in  each  election  district  of 
each  tOAvn  or  Avard,  one  of  Avhich  shall  be  at  the  place  Avhere 
such  election  is  to  be  held.  The  provisions  of  this  section 
shall  not  apply  to  any  city  Avhere  the  publication  required  by 
section  ten  of  this  act  shall  be  made  in  tAvo  or  more  daily 
iieAA’spapers  published  in  snch  city. 

§  12.  TVhenever  any  person  nominated  for  public  office  as 
in  this  act  proAuded  slirdl,  at  least  tAveh^e  days  before  the  day 


of  election,  if  he  shall  have  been  nominated  as  provided  in 
section  three  of  this  act,  or  at  least  ten  days  before  the  day 
of  election,  if  he  shall  liaA^e  been  nominated  as  provided  in 
section  fi\n  of  this  act,  iiotifA^  the  officer  Avith  Avhoin  the 

/  c/ 

original  certificate  of  his  nomination  AA^as  filed,  in  a  Avriting 
signed  by  him  and  duly  acknoAAdedged,  that  he  declines  such 
nomination,  the  same  shall  be  Amid  and  liis  name  shall  not  be 
printed  upon  the  Ijallots.  The  officer  to  whom  snch  notifica¬ 
tion  is  given  shall  fortliAAfith  inform,  by  mail  or  otherwise, 
one  or  more  persons  aaTioso  names  are  attached  to  the  original 
certificate  of  nomination,  tUat  such  nomination  has  been 
declined. 


Election  Laws  of  1890. 


17 


§  13.  All  certificates  of  nomination  which  are  in  apparent 
conformity  with  the  provisions  of  this  act  shall  be  deemed  to  certificates, 
be  valid,  unless  objection  thereto  shall  be  duly  made  in  writing 
within  three  days  after  the  filing  of  the  same.  In  case  such  Proceeding 

^  in  case  or 

objection  is  made,  notice  thereof  shall  forthwith  be  mailed  to  thireto^^^^ 
all  candidates  who  may  he  affected  thereby,  addressed  to  them 
at  their  respective  places  of  residence,  as  given  in  the  certifi¬ 
cate  of  nomination.  The  officer  with  whom  the  original  cer¬ 
tificate  was  filed  shall  in  the  first  instance  pass  upon  the 
validity  of  such  objection,  and  his  decision  shall  be  final, 
unless  an  order  shall  be  made  in  the  matter  by  a  court  of 
competent  jurisdiction,  or  by  a  justice  of  the  sujDreme  court 
at  chambers,  on  or  before  the  Wednesday  preceding  the  elec¬ 
tion.  Such  order  may  be  made  summarily  upon  application 
of  any  party  interested  and  upon  such  notice  as  the  court  or 
judge  may  require. 

S  14.  Should  any  person  so  nominated  die  before  election  vacancies, 

^  ^  .  .  .  .  .  filled. 

day,  or  decline  the  nomination,  as  in  this  act  provided,  or 
should  any  certificate  of  nomination  be  insufiicient  or 
inoperative,  the  vacancy  or  vacancies  thus  occasioned  may  be 
filled  in  the  manner  required  for  original  nominations.  If 
the  original  nomination  was  made  by  a  party  convention 
which  had  delegated  to  a  committee  the  power  to  fill  vacan¬ 
cies,  such  committee  may,  uj)on  the  occurring  of  such 
vacancies,  proceed  to  fill  the  same.  The  chairman  and 
secretary  of  such  committee  shall  thereupon  make  and  file 
with  the  proper  officer  a  certificate  setting  forth  the  cause  of 
the  vacancy,  the  name  of  the  person  nominated,  the  office 
for  which  he  was  nominated,  the  name  of  the  person  for 
whom  the  new  nominee  is  to  be  substituted,  the  fact  that  the 
committee  was  authorized  to  fill  vacancies,  and  such  further 
information  as  is  required  to  be  given  in  an  original  certifi¬ 
cate  of  nomination.  The  certificate  so  made  shall  be 
executed,  acknowledged  and  sworn  to  in  the  manner 
prescribed  for  the  original  certificate  of  nomination,  and 
shall  upon  being  filed  at  least  eight  days  before  election, 
have  the  same  force  and  effect  as  an  original  certificate  of 

2 


18 


Election  Laws  of  1890. 


Chap.  262. 

Duty  of 
Secretary 
of  State 
upon  tilling 
of  vacan¬ 
cies. 


Constitu¬ 
tional 
amend¬ 
ments,  etc. 


Publica¬ 

tion. 


Duty  of 
couiity 
clerk  in  pro¬ 
viding  and 
printing 
ballots. 


Ballots  with 
names  of 
offices  only. 

Sample 

ballots. 


nomination.  When  such  certificate  shall  be  filed  with  the 
Secretary  of  State  he  shall,  in  certifying  the  nominations  to 
the  various  county  clerks,  insert  the  name  of  the  person  who 
has  thus  been  nominated  to  fill  a  vacancy  in  place  of  that  of 
the  original  nominee  ;  and  in  the  event  that  he  has  already 
sent  forward  his  certificate,  he  shall  forthwith  certify  to  the 
clerks  of  the  proper  counties  the  name  and  description  of  the 
person  so  nominated  to  fill  a  vacancy,  the  office  he  is 
nominated  for,  together  with  the  other  details  mentioned  in 
the  certificate  of  nomination  so  filed  with  the  Secretary  of 
State,  and  the  name  of  the  person  for  whom  such  nominee 
is  substituted. 

§  15.  Whenever  a  proposed  constitutional  amendment  or 
other  question  is  to  be  submitted  to  the  people  of  the  State 
for  popular  vote,  the  Secretary  of  State  shall  duly,  and  not 
less  than  fifteen  days  before  election,  certify  the  same  to  the 
clerk  of  each  county  of  the  State,  and  the  clerk  of  each 
county  shall  include  the  proposition  or  question  to  be  sub¬ 
mitted,  substantially  as  it  will  appear  in  the  ballot  to  be 
used  on  election  day,  in  the  pubhcation  provided  for  by 
section  ten  of  this  act. 

§  16.  Except  as  in  this  act  otherwise  piwdded,  it  shall  be 
the  duty  of  the  county  clerk  of  each  county  to  provide 
printed  ballots  for  every  election  of  public  officers  in  which 
voters  or  any  of  the  voters  within  the  county  participated, 
and  to  cause  to  be  printed  in  the  appropriate  ballot  the  name 
of  everv  candidate  whose  nomination  has  been  certified  to  or 

t/ 

filed  with  the  county  clerk  in  the  manner  provided  for  in 
this  act ;  he  shall  also  provide  for  every  such  election, 
printed  ballots  containing  only  the  names  of  the  offices  to  be 
filled  at  the  election.  Sample  ballots  printed  upon  paper  of 
a  different  color  from  the  official  ballots  but  in  the  form  of 
those  to  be  used  on  election  day,  each  containing  the  names 
of  the  candidates  which  are  to  be  printed  upon  the  appro¬ 
priate  official  ballot,  shall  be  printed  and  in  possession  of  the 
county  clerk  or  other  officers  or  boards  charged  with  the  duty 
of  preparing  such  ballots,  seven  days  before  the  day  of  elec- 


Election  Laws  of  1890. 


19 


tion,  subject  to  public  inspection.  The  official  ballots  shall 
be  prinfcd  and  in  possession  of  the  county  clerk,  or  such 
other  officers  or  boards,  at  least  four  days  before  election  and 
subject  also  to  inspection  by  the  candidates  and  their  agents. 

§  IT.  Each  ballot  shall  have  a  perforated  line  running 
across  the  toj)  so  as  to  leave  the  space  thereon  above  said  line 
one  inch  in  width ;  and  upon  the  portion  above  the  line, 
which  shall  be  known  as  the  stub,”  nothing  shall  be  printed, 
except  the  printed  number  hereinafter  mentioned.  Upon 
each  ballot  below  the  stub,  shall  be  printed,  in  brevier  lower 
case  type,  the  name  of  each  office  to  be  filled  at  the  then 
ensuing  election,  and  except  upon  the  ballots  not  containing 
the  names  of  candidates  in  brevier  caj^itals  type  the  names  of 
such  candidates  therefor  res]3ectively  (not  more  for  any  office 
than  one  elector  is  entitled  to  vote  for)  as  may  have  been 
certified  therefor  in  the  certificates  hereinbefore  in  section 
three  provided  made  by  the  conventions,  committees  or 
primary  meetings  respecting  the  same  party,  or  as  may  have 
been  certified  therefor  in  the  certificates  hereinbefore  in 
section  five  provided,  bearing  the  same  political  or  other 
name.  But  no  name  or  names  of  any  candidate  or  candidates 
shall  be  placed  upon  a  ticket  put  in  nomination  by  certifi¬ 
cate  as  provided  for  in  section  five,  except  the  name  or 
names  specified  in  said  certificate  of  nomination  without  the 
written  approval  of  the  person  or  persons  designated  and 
appointed  in  said  certificate  as  provided  in  that  section,  but 
such  approval  shall  be  made  at  least  twelve  days  before 
election.  Besides  the  kind  of  ballots  containing  only  the 
names  of  the  offices  to  be  filled  at  the  election  as  required  by 
section  sixteen  of  this  act,  there  shall  be  as  many  separate 
kinds  of  ballots  as  there  are  different  political  parties 
represented  by  certificates  as  provided  by  section  three  of 
this  act  and  as  there  are  different  political  or  other  names 
represented  by  certificates  as  provided  by  section  five  of  this 
act.  There  shall  also  be  as  many  different  kinds  of  ballots  as 
may  be  required  to  comply  with  the  directions  hereinbefore 
authorized  of  the  person  or  persons  designated  and  appointed 


Chap.  262. 

Official 

ballots. 


Style  of 
printing  and 
contents. 


Approval  of 
names  of 
certain  can- 
dates 
thereon. 


Kinds  of 
ballots. 


20 


Election  Laws  of  1890. 


Chap.  262. 


Name  of 
office,  when 
only 
printed. 


Size  of 
ballots. 


Numbering 
of  stubs. 


Indorse¬ 

ments. 


Quality  and 
tint  of  paper 
and  ink,  etc. 


Names  of 
local  candi¬ 
dates  on 
billlots. 


Form  for 
folding. 


as  provided  in  section  five  of  this  act  upon  certificates  of 
nomination.  When  nominations  are  made  by  convention, 
committee  or  primary  meeting  as  prescribed  by  section  three 
of  this  act,  and  candidates  are  not  named  for  all  places  on  the 
ballot,  the  places  for  which  nominations  are  not  made  shall 
be  left  blank  with  the  name  of  the  office  only  printed  on  the 
ballot.  All  ballots  provided  for  the  same  polling  place  shall 
be  of  uniform  length.  Each  ballot  shall  be  six  inches  wide, 
and  of  such  length  below  the  stub  as  to  allow  three-eighths  of 
an  inch  in  the  length  of  the  ballot  for  the  name  of  each 
office,  and  the  same  space  for  the  name  of  each  candidate 
therefor  for  whom  one  elector  may  be  entitled  to  vote.  The 
names  of  offices  and  candidates  shall  be  in  a  single  column, 
except  the  names  of  candidates  for  presidential  electors  sliall 
be  in  two  colums.*  The  stubs  of  each  kind  of  ballots  for 
each  election  district  shall  be  numbered  consecutively  by 
printed  numbers  thereon.  On  the  back  of  each  ballot  shall 
be  printed  in  type  known  as  great  primer  Roman  condensed 
capitals,  the  indorsement  official  ballot  for  and 

after  the  word  for  ”  shall  follow  the  designation  of  the  poll¬ 
ing-place  for  which  the  ballot  is  prepared,  the  date  of  the 
election,  and  a  fac  simile  of  the  signature  of  the  county 
clerk.  The  ballot  shall  contain  no  caption  or  other  indorse¬ 
ment,  except  as  in  this  section  provided.  Each  county  clerk 
shall  use  precisely  the  same  quality  and  tint  of  papel*,  kind  of 
type,  and  quality  and  tint  of  plain  black  ink  for  all  ballots 
provided  by  him  to  be  used  at  one  election.  Whenever 
candidates  are  to  be  voted  for  only  by  the  voters  of  a  jDar- 
ticular  district,  town,  village,  city  or  county,  the  names  of 
such  candidates  shall  not  be  printed  on  any  other  ballots  than 
those  provided  for  use  in  such  district,  town,  village,  city  or 
county  respectively.  The  ballots  shall  be  of  such  form  and 
the  indorsement  thereon  so  printed  that  they  may  be  folded 
in  the  middle  lengthwise  and  then  crosswise,  in  such  a  way 
that  the  stub  of  each  ballot  can  be  removed  without  unfold- 


*  So  in  the  original. 


Election  Laws  of  1890. 


21 


ing  the  ballot  or  exposing  any  of  its  contents,  and  that  when 
so  folded  the  whole  of  the  indorsement  shall  be  visible. 

There  shall  be  but  one  ballot-box  at  each  jDolling-place  for  Baiiot-box. 
receiving  all  ballots  cast  for  candidates  for  offices. 

S  18.  The  county  clerk  of  each  county,  or  other  public  Number  of 

^  ballots  to  be 

officers  or  board  char^red  by  this  act  with  the  duty  of  printing:  fiynished 
and  providing  ballots,  shall  provide  for  each  election  district 
in  the  county,  two  hundred  ballots  of  each  kind  for  every 
fifty,  or  fraction  of  fifty,  voters  registered  at  the  last  pre¬ 
ceding  election  in  the  district.  If  there  is  no  registry  in  the 
districts,  such  ballots  shall  be  provided  to  the  number  of  two 
hundred  of  each  kind  for  every  fifty,  or  fraction  of  fifty, 
voters  who  voted  at  the  last  election  in  the  district.  When  a 
district  shall  be  divided  or  the  boundaries  changed,  the  county 
clerk  or  such  other  public  officers  or  boards  must  ascertain,  as 
nearly  as  possible,  the  number  of  voters  in  the  new  district 
or  districts,  and  provide  therefor  a  sufficient  number  of 
ballots  in  the  above  proportion. 

S  1 9.  Whenever  it  shall  appear  by  affidavit  that  an  error  Errors  and 

omissions, 

or  omission  has  occurred  in  the  ^  publication  of  the  names  or  correction 
description  of  the  candidates  nominated  for  office,  or  in  the 
printing  of  the  sample  or  official  ballots,  the  supreme  court 
or  a  justice  thereof  may,  upon  application  of  any  voter,  by 
order,  require  the  county  clerk  or  other  public  officers  or 
boards  charged  with  the  duty  in  respect  to  which  such  error 
or  omission  has  occurred,  to  correct  such  error,  or  to  show 
cause  why  such  error  should  not  be  corrected.  The  county 
clerk  or  such  other  public  officers  or  boards  shall  also  upon 
his  or  their  own  motion  correct  without  delay  any  patent 
error  in  the  ballots  which  he  or  they  may  discover  or  which 
shall  be  brought  to  his  or  their  attention,  and  which  can  be 
corrected  without  interfering  with  the  timely  distribution  of 
the  ballots  as  hereinafter  provided. 

§  20.  The  county  clerks  of  the  various  counties  in  the  State,  uoUvery  of 
shall,  prior  to  an  election,  cause  to  be  delivered  to  each  of  cit^ferks 
the  town  clerks  within  their  respective  counties,  the  proper 
number  of  ballots  provided  for  the  use  of  the  voters  of  said 


22 


Election  Laws  of  1890. 


Chap.  26^. 


Receipts. 


Duty  of 
town  and 
city  clerks 
on  election 
day. 


Town  and 
city  clerks, 
when  to  pre 
pare  and 
furnish 
ballots. 


Unofficial 
ballots,  use 
of,  when 
permitted, 
etc. 


town  at  such  election.  The  same  shall  be  sent  in  sealed 
packages,  one  of  each  kind,  for  each  election  district  of  said 
town,  with  marks  on  the  outside  of  each  clearly  stating  the 
polling  place  for  which  it  is  intended,  together  with  the  number 
of  ballots  inclosed.  They  shall  be  delivered  to  the  town 
clerks  on  the  Saturday  before  election  day.  Ballots  to  be 
used  in  cities  shall  be  delivered  at  the  time  and  in  the  manner 
above  provided  to  the  city  clerks  of  the  respective  cities. 
Receipts  for  ballots  thus  delivered  shall  be  given  by  the  town, 
or  city  clerk  who  receives  them,  and  filed  with  the  county 
clerk  who  shall  also  keep  a  record  of  the  time  when,  and  the 
manner  in  which  each  of  said  packages  was  sent.  The  town, 
and  city  clerks  receiving  such  packages,  shall,  at  the  opening 
of  the  polls  on  election  day,  cause  the  same  to  be  delivered, 
with  the  seals  unbroken,  to  the  inspectors  of  election  of  the 
various  election  districts  as  designated  on  the  outside  of  the 
packages  respectively,  and  sliall  take  receipts  therefor  from 
said  inspectors,  which  shall  be  placed  on  file  in  their  respect¬ 
ive  offices. 

§  21.  If  the  ballots  to  be  furnished  to  any  town  or  city 
clerk,  as  herein  provided,  shall  not  be  delivered  at  the  time 
above  mentioned,  or  if  after  delivery  they  shall  be  destroyed 
or  stolen,  it  shall  be  the  duty  of  the  said  clerk  of  such  town 
or  city  to  cause  other  ballots  to  be  prepared  as  nearly  in  the 
form  prescribed  in  section  seventeen  as  practicable,  but  with¬ 
out  the  indorsement,  and  upon  receipt  of  ballots  thus  pre¬ 
pared  from  said  clerk,  accompanied  by  a  statement  under 
oath  that  the  same  have  been  so  prepared  and  furnished  by 
him,  and  that  the  original  ballots  have  so  failed  to  be  received, 
or  have  been  so  destroyed  or  stolen,  the  inspectors  of  election 
shall  cause  the  ballots  so  substituted  to  be  used  at  the  elec¬ 
tion.  If  from  any  cause,  neither  the  official  ballots  nor 
ballots  prepared  by  the  town  or  city  clerk  as  herein  prescribed 
shall  be  ready  for  distribution  at  any  polling  place,  or  if  the 
supply  of  ballots  shall  be  exhausted  before  the  polls  are 
closed,  unofficial  ballots,  printed  or  written,  made  as  nearly 
as  possible  in  the  form  of  the  official  ballots,  may  be  used. 


Election  Laws  of  1890. 


23 


Wlienever  a  candidate  for  any  office,  whose  name  is  printed 
on  the  official  ballot,  shall  have  died,  shall  he  or  become 
ineligible,  or  shall  have  withdrawn  before  election  day,  voters 
may  use  unofficial  ballots  in  voting  to  fill  the  office  for  which 
such  deceased,  ineligible  or  withdrawn  candidate  was  nomi¬ 
nated,  and  the  name  of  the  deceased,  ineligible  or  withdrawn 
candidate  shall  be  considered  as  having  been  erased  from  the 
official  ballot ;  but  such  unofficial  ballot  shall  contain  only 
the  name  of  the  person  voted  for,  in  lieu  of  the  deceased, 
ieligible*  or  withdrawn  candidate,  and  under  the  designation 
of  the  office  for  whicli  such  person  is  a  candidate. 

§  22.  The  inspectors  of  election  in  each  election  district  of 
the  State  (except  in  districts  where  all  of  them  are  appointed) 
shall,  immediately  after  taking  their  oath  of  office,  as  pre¬ 
scribed  by  law,  appoint  two  of  their  number  to  serve  as  ballot 
clerks  during  the  election.  The  inspectors  who  were  elected 
as  such  shall  appoint  one  ballot  clerk,  and  the  inspectors  who 
were  appointed  as  such  shall  appoint  the  other  ballot  clerk. 
In  each  election  district,  except  a  district  in  which  all  of  the 
ins2:)ectors  of  election  are  appointed,  the  number  of  inspectors 
shall  be  five,  and  in  every  such  district  in  which  there  shall 
be  a  less  number  than  five,  the  balance  of  the  five  offices  of 
inspectors  of  election  in  sucli  district  shall  be  deemed  to  be 
vacant,  and  shall  be  filled  as  vacancies  in  such  offices  as  now 
provided  by  law.  Immediately  upon  the  filling  of  such 
vacancies  in  an  election  district,  after  the  passage  of  this  act, 
and  the  qualifications  of  the  five  inspectors  of  election,  they 
shall  appoint  two  of  their  number  to  be  ballot  clerks  as 
hereinbefore  provided.  In  districts  where  inspectors  are  not 
elected,  two  ballot  clerks  shall  be  appointed,  and  their 
appointment  certified  at  the  same  time  and  in  the  same 
manner  as  now  provided  for  in  case  of  inspectors,  except 
that  ballot  clerks  to  serve  at  the  fall  election  of  eighteen 
liundred  and  ninety,  shall  be  appointed  and  their  appoint¬ 
ment  certified,  at  least  ten  days  before  the  day  fixed  for  such 


Chap.  262. 


Ballot 
clerks, 
designation 
of,  by 
inspectors. 


Inspectors, 
number  of, 
etc. 


Appoint 
ment  of 
ballot 
clerks. 


*  So  in  the  original. 


24 


Election  Laws  of  1890. 


Chap.  262. 

Vacancies 
in  office. 


Appoint¬ 
ments,  how 
governed. 


Voting 
booths  and 
supplies 
for. 


Guard  rail. 


Arrange¬ 
ment  of 
booths  and 
ballot- 
boxes. 


Construc¬ 
tion  of 
booths. 


Admission 
within  rail. 


election.  Vacancies  in  said  office  shall  be  filled,  and  all 
appointments  made  to  fill  such  vacancies  shall  be  certified  as 
now  provided  for  by  law  in  the  case  of  inspectors.  In  apj)oint- 
ing  or  designating  ballot  clerks  as  herein  provided,  one  of 
them  shall  be  taken  in  each  election  district  from  the  political 
party  that  polled  the  largest  number  of  votes  on  state  issues 
at  the  last  preceding  election,  and  the  other  from  the  party 
that  polled  on  state  issues  the  next  largest  number.  The 
term  “  ballot  clerks,”  when  used  herein,  shall  be  deemed  to 
refer  to  the  persons  so  designated  or  apjDointed  as  such  as 
aforesaid. 

§  23.  All  officers  upon  whom  is  imposed  by  law  the  duty 
of  designating  polling  places,  shall  proAude  in  each  polling 
place  designated  by  them  a  sufficient  number  of  voting 
booths  or  compartments,  Avhich  shall  be  furnished  with  such 
supplies  and  conveniences,  including  shelves,  pens,  pen¬ 
holders,  ink,  blotting  paper,  pencils  and  mucilage,  as  Avill 
enable  the  A^oter  to  prepare  his  ballot  for  voting,  and  in  which 
voters  may  prepare  their  ballots  screened  from  observation 
as  to  the  manner  in  which  they  do  so ;  and  a  guard  rail  shall 
be  so  constructed  and  placed  that  only  such  persons  as  are 
inside  said  rail  can  approach  Avithin  six  feet  of  the  ballot-boxes, 
and  of  such  A^oting  booths  or  compartments.  The  arrange¬ 
ment  shall  be  such  that  the  A^oting  booths  or  compartments 
can  only  be  reached  by  passing  Avithin  said  guard  rail.  They 
shall  be  in  plain  view  of  the  election  officers,  and  both  they 
and  the  ballot-boxes  shall  be  in  plain  view  of  those  just  out¬ 
side  the  guard  rail.  Each  of  said  booths  or  compartments 
shall  have  four  sides  inclosed.  One  side  in  front  to  open 
and  shut  as  a  door  swinging  outward.  Each  side  of  eacli 
booth  or  compartment  shall  be  at  least  six  feet  high  and  the 
door  shall  extend  to  Avithin  two  feet  of  the  floor.  Each  booth 
or  compartment  shall  be  at  least  three  feet  square  and  shall 
contain  a  shelf  which  shall  be  at  least  one  foot  wide  extending 
across  one  side  of  the  booth  or  compartment  at  a  convenient 
height  for  writing.  Vo  persons  other  than  the  election 
officers  and  the  watchers  provided  by  law  and  those  admitted 


♦  Election  La  ws  of  1890. 


25 


Chap.  262. 


for  the  purpose  of  voting  as  hereinafter  provided,  shall  be 
permitted  within  said  rail,  except  hv  authority  of  the  election 
officers  to  keep  order  and  enforce  the  law,  and  except  in  the 
contingency  mentioned  in  the  first  sentence  of  section  twenty- 
eiirJit  of  this  act.  The  number  of  such  voting  booths  or  xumberof 
compartments  shall  not  be  less  than  one  for  every  fifty  voters 
who  voted  at  the  last  precedmg  election  in  the  district.  The  Baiiot-box, 

”  ...  how  fur- 

officers  who  are  charged  with  the  duty  of  providing  voting  nisbed. 
booths  or  compartments  shall  also  furnish  for  each  polling- 
place  in  their  respective  towns  and  cities,  a  ballot-box  which 
shall  be  large  enough  to  properly  receive  and  hold  the  ballots 
to  be  cast  for  candidates  for  office  in  conformity  with  the 
lu’ovisions  of  this  act.  In  the'citv  and  county  of  Xew  York  Booths, 

New 

the  board  of  police  commissioners,  and  in  the  city  of  Brooklvn 

the  board  of  elections  shall  provide  such  guard  rails,  ballot-box 

and  voting  booths  or  comjiartments.  The  expense  thereof  Expense. 

shall  in  all  cases  be  a  pubhc  charge,  to  be  provided  for  in  the 

same  manner  as  other  election  expenses.  On  or  before  the  Alteration 

^  ^  ^  of  election 

first  day  of  September  in  the  year  eighteen  hundred  and  districts, 
ninety,  and  in  each  year  thereafter  the  officers  now  charged 

by  law  with  the  division  or  alteration  of  election  districts 

«/ 

shall  alter  or  divide  the  existing  election  districts,  whenever 
necessary,  in  such  manner  that  each  election  district  shall 
contain  not  more  than  three  hundred  voters. 

§  21.  It  shall  be  the  duty  of  the  ballot  clerks  to  deliver  Duty  of 

ballot 

ballots  to  cpialified  voters,  and  they  shall  at  all  times  be  under  clerks, 
the  supervision  of  the  board  of  inspectors.  Tlie  ballots  shall 
be  kept  in  plain  view  within  the  polling  jfiace,  and  as  near  as 
possible  to  the  place  where  the  ballot-box  is  stationed.  At 
the  opening  of  the  polls  the  inspectors  shall  open  the  packages 
containing  the  ballots,  and  jilace  the  ballots  in  charge  of  the 
ballot  clerks.  Each  qualified  voter  before  receiving  his  Application 

for  ballots 

ballots  fixim  the  ballot  clerks,  shall  announce  his  name  to  andpro- 

ceedings 

the  election  officers.  His  name  shall  be  noted  by  the  poll  thereupon, 
clerks,  and  each  voter’s  name  shall  be  numbered  consecutively, 
by  the  poll  clerks  witli  the  number  upon  the  stub  of  the 
ballots  delivered  to  him  and  in  the  order  of  the  respective 


26 


Election  Laws  of  1890. 


Chap.  2G2. 


Challenges. 


Chal¬ 

lengers. 


Polling 
place,  how 
arranged. 


Prepara¬ 
tion  of  bal¬ 
lots  by 
voter. 


Paster  bal¬ 
lots,  use  of, 
etc. 


applications  for  ballots  to  the  ballot  clerks.  The  ballot  clerks 
shall  thereupon  deliver  to  the  voter,  and  the  voter  shall 
receive  and  take  with  him  into  the  booth  or  compartment 
one  of  each  kind  of  ballots  which  shall  have  been  furnished 
for  use  at  such  polling  place.  But  before  any  voter  shall 
receive  said  ballots  and  in  the  presence  and  view  of  the  voter 
each  of  said  ballot  clerks,  or  a  ballot  clerk  and  an  inspector 
shall  write  his  initials  upon  the  stub  of  each  of  said  ballots ; 
but  the  stubs  of  all  ballots  delivered  to  one  voter  at  one  time 
shall  have  the  initials  of  the  same  persons  thereon.  When 
any  person  shall  make  application  for  ballots  his  right  to  vote 
at  that  poll  and  election  may  be  challenged,  and  such  pro¬ 
ceedings  shall  thereupon  be  had  before  the  inspectors  as  the 
law  now  prescribes  in  case  of  challenge.  If  the  person  so 
applying  is  not  entitled  to  vote,  no  ballot  shall  be  delivered 
to  him.  Any  person  may  also  be  challenged,  as  now  provided 
by  law,  when  he  shall  offer  his  ballot  to  the  inspectors. 
A  reasonable  number  of  challengers,  representing  each 
political  party,  shall  be  permitted  to  remain  just  outside  the 
guard  rail  where  they  can  plainly  see  what  is  done  within 
the  polling  place,  except  within  said  booths  or  compartments. 
The  said  polling  j^lace  shall  be  so  arranged  that  every  part 
thereof  except  the  inside  of  said  booths  or  compartments  may 
be  in  fall  view  of  said  challengers  and  watchers. 

§  25.  On  receiving  his  ballots,  the  voter  shall  forthwith, 
and  without  leaving  the  inclosed  space,  retire  alone  to  one  of  the 
voting  booths  or  compartments  so  pro\dded  ;  and  shall  prepare 
his  ballots.  The  voter  may  write  or  paste  uj^on  his  ballot 
the  name  of  any  person  for  whom  lie  desires  to  vote  for  any 
office.  Any  voter  may  take  with  him  into  the  voting-booth 
or  compartment,  a  printed  ballot  of  his  own  selection  or 
preparation,  to  be  known  as  a  paster  ballot,  containing  the 
names  of  all  the  offices  to  be  filled  and  of  the  candidates 
therefor  for  whom  he  desires  to  vote,  which  paster  ballot  may 
be  gummed  on  the  back  thereof,  and  the  voter  may  paste  the 
whole  of  such  paster  ballot  on  any  of  the  official  ballots 
below  the  stub.  Any  name  so  written  or  pasted  upon  the 


Election  Lawe  of  1890. 


27 


ballot  shall  be  deemed  the  choice  of  the  voter,  notwithstanding 
the  name  of  another  candidate  for  the  same  office  may  be 
upon  the  original  ballot  without  being  erased,  covered  or  con¬ 
cealed  by  the  writing  or  paster.  All  pasters  shall  be  of 
white  paper  and  must  be  printed  in  type  uniform  with 
that  required  by  this  act  to  be  used  upon  the  ballots  and 

shall  be  printed  in  plain  black  ink.  A  paster  shall  be  so 

attached  to  the  ballot  that  when  the  ballot  is  folded  no  portion 
of  such  paster  shall  be  visible.  In  preparing  his  ballot 
any  voter  shall  be  at  liberty  to  use  or  copy  any  unofficial 
sample  ballot  to  assist  him  in  preparing  the  official  ballot. 
After  23reparing  his  ballot,  and  before  leaving  the  voting 
booth  or  compartment,  the  voter  shall  fold  all  the  ballots 
delivered  to  him  in  the  middle,  lengthwise  and  then  cross¬ 
wise  ;  but  in  such  a  way  that  the  contents  of  the  ballot  shall 

be  concealed  and  the  stubs  can  be  removed  without  exposing 
any  of  the  contents  of  the  ballots  and  shall  keep  the  same  so 
folded  until  he  has  delivered  the  same  to  the  election  officers 
as  in  tins  section  provided.  He  shall  then  vote  in  the  manner 
provided  by  law  forthwith  and  before  leaving  the  inclosed 
space ;  but  before  his  vote  shall  be  received  the  voter’s  name 
and  the  number  upon  the  stubs  of  his  ballots  shall  be  called 
out  and  the  number  upon  such  stubs  shall  correspond  with 
the  number  noted  against  his  name  by  the  poll  clerks  as 
hereinbefore  provided.  The  inspectors  of  election  shall 
remove  the  stub  from  each  ballot  voted  in  plain  view  of  the 
voter  and  without  unfolding  or  disclosing  the  contents  of 
the  ballot,  before  the  same  is  deposited  in  the  ballot-box. 
The  voter  shall  thereupon  deliver  to  the  inspectors  the  ballots 
not  voted  by  liim  but  folded  in  precisely  the  same  manner 
as  the  ballots  voted  and  the  inspectors  shall  remove  from  each 
such  ballot  its  stub,  and  the  unvoted  ballots  shall  be  deposited 
in  a  box  which  shall  be  prepared  for  that  purpose,  and  which 
shall  be  kept  locked  until  after  the  canvass  of  the  votes,  but 
which  shall  be  provided  with  an  aperture  for  depositing  the 
ballots  therein,  and  after  the  votes  cast  are  all  canvassed  all 
ballots  which  were  so  deposited  in  such  box  shall  be  burned 


Chap.  262. 


Folding  of 
ballots. 


Manner  of 
voting  and 
receiving 
votes. 


Unvoted 
ballots,  de¬ 
livery  and 
disposal 
thereof. 


28 


Election  Laws  of  1890. 


Chap.  262. 


Preparation 
ol  mioflicial 
ballots. 


Occupancy 
of  booth 
and  in¬ 
closed 
space,  re¬ 
strictions 
as  to. 


Duty  of  in¬ 
spectors. 


Spoiled 
ballots,  re¬ 
placing  of. 


Preserva¬ 
tion  and 
return  of 
unvoted 
ballots  and 
stubs. 


Statement 
accounting 
for  ballots. 


by  the  inspectors  of  election  without  any  examination  of  their 
contents.  When  an  unofficial  ballot  is  used  in  tlie  cases  pro¬ 
vided  for  by  the  last  two  sentences  in  section  twenty-one  of 
this  act,  the  person  using  it  shall,  before  voting  the  same, 
retire  to  one  of  the  voting  booths  or  com^Dartments  where  he 
shall  prepare  such  ballots  for  voting. 

§  26.  l^ot  more  than  one  person  shall  be  permitted  to 
occupy  the  same  voting  booth  or  compartment  at  one  time, 
except  as  provided  for  in  section  twenty-eight  of  this  act,  and 
no  jDerson  shall  remain  in  or  occupy  any  such  booth  or  com¬ 
partment  less  than  three  minutes  and  in  no  case  longer  than 
ten  minutes,  when  all  the  other  booths  or  comj)artments  are 
occupied,  ^^o  person  who  has  once  voted,  other  than  an 
election  officer  or  watcher,  shall  be  permitted  to  re-enter  said 
inclosed  space  during  the  election,  except  to  aid  another  in 
preparing  his  ballot  as  hereinafter  provided,  and  no  voter, 
not  such  officer  or  watcher  shall  be  permitted  to  remain  in 
said  inclosed  space  longer  than  is  necessary  for  him  to  pro¬ 
cure,  prepare  and  deposit  his  ballot,  as  hereinbefore  provided. 
It  shall  be  the  duty  of  the  board  of  inspectors  to  see  that  the 
provisions  of  this  section  are  properly  observed. 

§  27.  If  any  voter  spoils  a  ballot  he  may  obtain  another  full 
set  and  so  on  successively  not  exceeding  four  full  sets  in  all, 
uj^on  returning  to  the  ballot  clerks  the  set  of  ballots  containing 
the  spoiled  ballots.  In  obtaining  a  set  of  ballots  to  re]3lace  a 
spoiled  set  the  name  of  the  voter  shall  be  given  and  his  num¬ 
ber  noted  in  the  manner  hereinbefore  provided  when  tlie 
voter’s  original  application  for  ballots  is  made  to  the  ballot 
clerks.  The  ballots  thus  returned  shall  be  canceled  and 
together  with  those  not  distributed  to  voters  shall  be  pre¬ 
served  ;  and  with  the  record  of  ballots  delivered  to  voters  by 
the  ballot  clerks  and  the  stubs  of  the  ballots  so  delivered  shall 
be  secured  in  a  package  sealed  and  sent  to  the  county  clerk  or 
other  public  officers  or  boards  by  whom  such  ballots  were 
prepared,  on  the  day  after  election.  The  ballot  clerks  shall 
also  at  the  same  time,  tile  with  the  county  clerks  of  their 
respective  counties  or  other  public  officers  or  boards  by  whom 


I 


Election  La  of  1890. 


29 


such  ballots  were  prepared,  a  statement  in  writing,  showing 
the  number  of  ballots  of  each  kind  voted,  the  number  of 
ballots  of  each  kind  delivered  to  voters,  the  number  of  spoiled 
ballots  of  each  kind,  and  the  number  of  ballots  of  each  kind 
not  dehvered  to  voters,  and  the  number  of  detached  stubs 
returned,  identifying  and  specifying  the  same.  Any  ballot 
clerk  who  shall  fail  to  thus  account,  fully  and  particularly 
for  all  official  ballots  jrlaced  in  his  charge,  shall  be  deemed 
guilty  of  a  misdemeanor. 

§  28.  Any  voter  who  declares  under  oath  to  the  inspectors 
of  election  that,  by  reason  of  physical  disability,  he  is  unable 
to  prepare  his  ballot  vdthout  assistance,  shall  be  permitted  to 
bring  with  him  to  such  booth  or  compartment  a  person  of  his 
own  selection,  who  may  retire  with  such  disabled  voter  to 
the  booth  or  compartment  and  assist  him  in  the  preparation 
of  the  ballot.  The  poll-clerks  shall  make  a  memorandum  on 
the  2)oll-list  of  every  instance  when  an  oath  was  administered 
to  a  voter  as  herein  provided,  stating  briefly  what  facts  were 
sworn  to,  the  name  of  the  affiant  and  the  name  of  the  person 
or  persons  who  aided  the  voter  in  preparing  his  ballot.  Xo 
voter  shall  divulge  to  ajjyone  within  the  polling  place  the 
name  of  any  candidate  for  whom  he  intends  to  vote,  nor  shall 
he  ask  for  or  receive  the  assistance  of  any  person  within  the 
polling  place  in  the  preparation  of  his  ballot  except  as  pre¬ 
scribed  by  this  section.  Xo  person  who  assists  a  voter  in 
the  preparation  of  his  ballot,  as  herein  provided,  shall  in  any 
manner  request,  or  persuade,  or  induce,  or  seek  to  persuade 
or  induce  such  voter  to  vote  any  particular  ticket  or  for  any 
particular  candidate  or  candidates ;  nor  shall  such  person 
reveal  to  another  the  name  of  any  candidate  for  whom  the 
voter  has  voted,  or  anything  that  took  place  while  he  was 
assisting  such  voter  in  preparing  said  ballot  for  voting. 

§  29.  Xo  inspector  of  election  shall  deposit  in  a  ballot- 
box,  or  permit  any  other  person  to  deposit  in  a  ballot-box,  on 
election  day  any  ballot  which  is  not  properly  indorsed,  or  upon 
the  stub  of  which  the  initials  of  the  ballot  clerks,  or  of  a  ballot 
clerk  and  an  inspector,  did  not  appear  when  presented  to  be 


Chap.  262. 


Failure  to 
account. 


Assistance 
for  disabled 
voters. 


Divulgin" 
names  and 
receiving 
assistance 
prohibited. 


Assistant 

not  to  in- 

flnence 

voter,  or 

reveal 

names 

voted. 


Deposit  of 
certain  bal¬ 
lots  in  box 
prohibited. 


30 


Election  Laws  of  1890. 


Chat.  262. 


Cards  of 
instruction. 


Posting 

thereof. 


How 

printed  and 
contents. 


Canvass  of 
votes. 


Certain  acts 
prohibited 


voted,  except  in  the  cases  ]3rovided  for  in  section  twenty-one 
of  tliis  act. 

§  30.  The  county  clerk  of  each  county  or  other  pubhc 
officers  or  boards  charged  with  the  duty  of  providing  the 
ballots  shall  cause  to  be  printed  and  fui-nished  as  liereinafter 
provided  in  large  type,  on  cards  in  Enghsh  and  in  such  other 
languages  as  he  or  they  may  deem  necessary,  instructions  for 
the  guidance  of  voters  in  prej)aring  their  ballots.  Twelve 
such  cards,  each  printed  in  all  the  languages  so  determined 
upon  shall  be  furnished  to  the  board  of  inspectors  of  election 
of  each  election  district,  at  the  same  time  and  in  the  same 
manner  as  the  printed  ballots.  The  board  of  inspectors  of 
elections  shall  j)ost  not  less  than  one  of  such  cards  in  each 
place  or  compartment  provided  for  the  ^preparation  of  ballots, 
and  not  less  than  three  of  such  cards  elsewhere  in  and  about 
the  polling  places  iqpon  the  day  of  election.  Said  cards  shall 
be  ^printed  in  large,  clear  type,  and  shall  contain  full  instruc¬ 
tions  to  the  voters  as  to  what  should  be  done :  (1)  To  obtain 
ballots  for  voting ;  (2)  To  prejpare  the  ballots  for  deposit  in 
tlie  ballot-boxes ;  (3)  To  obtain  a  new  ballot  in  the  place  of 
one  spoiled  by  accident  or  mistake  :  Said  cards  shall  also  con¬ 
tain  a  copy  of  sections  thirty-two,  thirty-three  and  thirty-five 
of  this  act. 

§  31.  The  votes  for  the  several  candidates  shall  be  can¬ 
vassed  in  the  order  in  which  they  appear  upon  the  several 
ballots.  Xo  ballot  that  has  not  the  printed  official  indorse¬ 
ment  shall  Ipe  counted,  except  such  as  are  voted  in  accordance 
with  the  provisions  of  section  twenty-one  of  this  act.  All 
ballots  that  are  defective  in  whole  or  in  part,  shall  be  marked 
defective,”  and  shall  be  preserved  and  filed  as  provided  for 
in  section  twentv-seven  of  this  act. 

§  32.  Ao  person  shall  (1)  falsely  make,  or  make  oath  to,  or 
fraudulently  deface,  or  fraudulentlv  destrov  anv  certificate 
of  nomination,  or  any  part  thereof ;  or  (2)  file  or  receive  for 
filing  any  certificate  of  nomination  knowing  the  same  or  any 
part  thereof  to  be  falsely  made  ;  or  (3)  suppress  any  certifi¬ 
cate  of  nomination  which  has  been  duly  filed,  or  any  part 


Election  Laws  of  1890, 


31 


thereof  ;  or  (4)  forge  or  falsely  make  the  official  indorsement 
of  any  ballot.  Every  person  violating  any  of  the  j^rovisions 
of  this  section  shall  be  deemed  guilty  of  a  felony  and  upon 
conviction  thereof  shall  be  j)unished  by  imprisonment  in 
state  prison  not  less  than  one  year  nor  more  than  five  years. 

§  33.  No  person  shall  during  the  election  remove  or  destroy 
any  of  the  supplies  or  other  conveniences  j)l^ced  in  the 
booths  or  compartments  for  the  purposes  of  enabling  the 
voter  to  prepare  his  ballot,  nor  shall  any  person  prior  to  or 
on  the  day  of  election  deface  or  destroy  any  list  of  candi¬ 
dates  posted  in  accordance  with  the  provisions  of  this  act. 
No  person  shall,  during  an  election,  remove,  tear  down,  or 
deface  the  cards  printed  for  the  instruction  of  voters.  Every 
person  willfully  violating  any  of  the  provisions  of  this  sec¬ 
tion  shall  be  deemed  guilty  of  a  misdemeanor. 

§  34.  Every  public  officer  upon  whom  any  duty  is  imposed 
by  this  act,  who  violates  his  said  duty,  or  who  neglects  or 
omits  to  perform  the  same,  shall  be  deemed  guilty  of  a  mis¬ 
demeanor  ;  and,  uj)on  conviction  thereof,  shall  be  punished 
by  imprisonment  in  the  county  jail  or  penitentiary  for  a  term 
of  not  less  than  six  months  and  not  more  than  three  years, 
or  by  a  fine  of  not  less  than  two  hundred  and  fifty  dollars, 
and  not  more  than  three  thousand  dollars,  or  by  both  such 
fine  and  im])risonment.  Any  jDerson  having  charge  of  official 
ballots  who  shall  destroy,  conceal  or  suppress  them,  exce2:>t  as 
in  this  act  permitted,  shall  be  guilty  of  a  felony,  and  uj^on 
conviction  thereof,  shall  be  ^^unished  by  imiDrisonment  in 
state  prison  not  less  than  one  year  nor  more  than  five  years. 
Any  person  who  has  undertaken  to  deliver  official  ballots  to 
any  city,  town  or  village  clerk  or  inspector,  and  neglects  or 
refuses  to  do  so,  shall  be  guilty  of  a  misdemeanor,  and  uj^on 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  six  months  nor  more  than  one 
year.  Any  election  officer  or  watcher  who  shall  reveal  to 
aTiother  person  the  name  of  any  candidate  for  wlioni  a  voter 
lias  voted,  or  who  shall  communicate  to  another  his  opinion, 
belief  or  impression  as  to  how  or  for  whom  a  voter  has  voted. 


Chap.  262. 


Violations, 

felony. 


Certain  acts 
prohibited. 


Violations, 

misde¬ 

meanor. 


Penalty  for 
neglect  of 
duty,  by 
public 
officer. 


For  destroy¬ 
ing  or  sup¬ 
pressing 
ballots. 


For  neglect 
to  deliver 
ballots. 


For  reveal¬ 
ing  names 
voted  by 
voters,  etc. 


32 


Election  Laws  of  1890. 


Chap.  262. 


Election¬ 

eering. 


Removal 
and  show¬ 
ing  of  bal¬ 
lots. 


Receiving 
and  deliver¬ 
ing  ballots, 
restriction 
on. 


Return  of 

unvoted 

ballots. 


Misde¬ 

meanor. 


Proviso. 


Employes 
entitled  to 
absent 
themselves 
to  vote. 


sliall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not 
less  than  six  months  nor  more  than  one  year. 

§  35.  No  person  shall  do  any  electioneering  on  election 
day  within  any  polling  place,  or  in  any  pubhc  street  or  rooni^ 
or  in  a  public  manner,  within  one  hundred  and  fifty  feet  of 
any  polling  place.  No  person  shall  remove  any  official  ballot 
from  any  polling  place  before  the  closing  of  polls.  ]^o 
person  shall  show  his  ballot,  after  it  is  prepared  for  voting, 
to  any  person  in  such  a  way  as  to  reveal  the  contents,  nor 
shall  any  person  solicit  the  voter  to  show  the  same ;  nor  shall 
any  person  (except  an  inspector  of  election)  receive  from 
any  voter  a  ballot  prepared  for  voting.  No  voter  shall  receive 
an  official  ballot  from  any  other  person  than  one  of  the  ballot 
clerks  having  charge  of  the  ballots,  nor  shall  any  person 
otlier  than  such  ballot  clerks  deliver  an  official  ballot  to  such 
voter.  No  voter  shall  place  any  mark  upon  his  ballot  by 
means  of  which  it  can  be  identified  as  the  one  voted  by  him. 
Every  voter  who  does  not  vote  or  deliver,  in  tlie  manner 
hereinbefore  and  in  section  twenty-five  of  this  act  provided, 
the  ballots  received  by  him  from  the  ballot  clerks,  shall, 
before  leaving  the  polling  place  or  going  outside  the  guard 
rail,  return  each  such  ballot  to  the  ballot  clerks.  Whoever 
shall  violate  any  provision  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor.  But  nothing  herein  contained 
shall  prevent  any  person  from  receiving  or  delivering  an 
unofficial  sample  ballot,  or  from  receiving,  delivering  and 
voting  an  unofficial  ballot  in  the  contingencies  provided 
against  by  section  twenty-one  of  this  act. 

§  36.  Any  person  entitled  to  vote  at  a  general  election, 
held  within  this  state,  shall,  on  the  day  of  such  election,  be 
entitled  to  absent  himself  from  any  service  or  employment 
in  which  he  is  then  engaged  or  employed,  for  a  period  of  two 
hours  between  the  time  of  opening  and  the  time  of  closing 
the  polls ;  and  such  voter  shall  not,  because  of  so  absent¬ 
ing  himself,  be  liable  to  any  penalty,  nor  shall  any  deduction 
be  made  on  account  of  such  absence  from  his  usual  salary  or 


Election  La  of  1890, 


33 


wages.  Provided,  liowever,  that  aj^plicatioii  shall  be  made 
for  such  leave  of  absence  prior  to  the  day  of  election.  The 
em^Dlojer  may  specify  the  hours  during  which  such  employe 
may  absent  himself  as  aforesaid.  Any  person  or  corporation 
who  shall  refuse  to  an  employe  the  privilege  hereby  conferred, 
or  who  shall  subject  an  emj^loye  to  a  penalty  or  reduction  of 
wages  because  of  the  exercise  of  such  privilege,  or  who 
shall,  directly  or  indirectly,  violate  the  yn’ovisions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor. 

§  3T.  All  ballots  to  be  used  in  the  city  of  York  shall 
be  prepared  by  the  board  of  police  commissioners  of  said 
city,  from  the  certificates  on  file  in  the  office  of  the  county 
clerk  of  the  county  of  Yew  York,  and  all  ballots  to  be  used 
in  the  city  of  Brooklyn,  shall  be  prejDared  by  the  boards  of 
elections,  of  said  city,  from  certificates  on  file  in  the  office  of 
the  county  clerk  of  the  county  of  Kings.  Such  ballots  in 
sealed  packages  indorsed  as  hereinbefore  provided,  shall  be 
distributed  among  the  election  districts  in  said  city  by  said 
boards  respectively,  instead  of  by  the  city  clerk ;  and  receij^ts 
taken  therefor  and  filed  in  the  office  of  said  boards  respect¬ 
ively;  and  instead  of  a  fac  simile  of  the  signature  of  the 
county  clerk  upon  the  back,  they  shall  contain  a  fac  simile 
of  the  signature  of  the  president  of  the  board  of  police 
commissioners  when  they  are  to  be  used  in  Yew  York  city, 
and  a  fac  simile  of  the  signature  of  the  jiresident  of  the  board 
of  elections  when  they  are  to  be  used  in  the  city  of  Brooklyn. 

§  38.  The  provisions  of  this  act  shall  apply  to  town  and 
village  elections,  except  in  the  following  particulars :  When¬ 
ever  the  word  clerk  ”  is  used  in  this  act  it  shall  be  construed 
as  referring  to  the  town  clerk  when  the  subject-matter  applies 
to  town  elections,  and  to  the  village  clerk  when  it  applies  to 
village  elections.  Yominations  for  town  and  village  offices 
shall  be  made  and  certified  substantially  as  hereinbefore 
provided,  but  the  certificates  thereof  shall  be  filed  with  the 
clerk  not  less  than  five  days  before  the  day  of  election: 
When  nominations  are  made  for  town  and  village  offices,  in 
the  manner  set  forth  in  section  five  of  this  act,  the  number 


Chap.  262. 


Hours 

therefor. 


Refusal  of 
privilege, 
etc.,  a  mis¬ 
demeanor. 


Ballots  in 
New  York 
and  Brook¬ 
lyn,  pre¬ 
paration 
and  distri¬ 
bution  of. 


Act  appli¬ 
cable  to 
town  and 
village 
elections. 


Nomina¬ 

tions. 


34 


Electiox  Laws  of  1890. 


Chap.  262. 


Vacancies. 


Ballots. 


BiJties  of 
ballot 
clerks,  how 
performed. 


Names  on 
ballots. 


Inspectors. 


of  sicrnatiires  to  the  certificate  of  nomination  need  not  exceed 
fifty,  dominations  for  town  and  village  offices  need  not  be 
^fublislied  in  newspapers,  but  the  clerk  shall  cause  printed 
lists  to  be  posted  as  prescribed  in  section  eleven  of  this  act, 
on  the  day  before  the  election  is  to  be  held.  TVffien  a  person 
desires  to  decline  a  nomination  he  shall  fortffivith  notify  the 
clerk  in  writing  that  he  declines  such  nomination.  "When¬ 
ever  it  shall  be  necessarv  to  fill  a  vacancv  the  same  shall  be 

filled  at  least  three  days  before  election  in  the  manner 

%/ 

jorescribed  by  this  act.  The  clerk  shall  provide  all  ballots 
and  cards  of  instruction  to  be  used  at  the  election,  and  the 
same  shall  be  a  charge  upon  the  town  or  village  in  and  for 
which  the  election  is  to  be  held,  the  payment  of  which  shall 
be  provided  for  in  the  same  manner  as  the  payment  of  other 
town  or  village  expenses.  The  ballots  shall  be  substantially 
in  the  form  of  the  ballots  above  described,  but  it  shall  not  be 
necessary  to  print  an  indorsement  upon  them,  dames  of 
candidates  not  certified  at  least  three  days  before  election 
day  shall  not  be  placed  on  said  ballots.  The  number  of 
ballots  to  be  printed  and  distributed  under  this  section  shall 
be  the  same  as  provided  for  in  section  eighteen  of  this  act. 
The  clerk  shall  deliver,  or  cause  to  be  delivered  the  ballots 
and  cards  of  instruction,  in  sealed  j^ackages,  to  the  board  of 
inspectors  at  the  opening  of  tlie  polls  on  election  day,  and 
shall  perform  such  other  duties  devolved  by  this  act  upon 
county  clerks  as  may  be  applicable  to  town  and  village 
elections.  Ballot  clerks  shall  not  serve  at  such  elections,  but 
all  the  duties  hereinbefore  devolved  upon  ballot  clerks  shall, 
at  town  and  village  elections,  be  performed  by  the  town  or 
village  boards  or  other  officers  acting  as  inspectors  of  election. 
The  names  of  candidates  for  town  officers'^  shall  not  be 
printed  on  the  same  ballot  with  the  names  of  candidates  for 
village  offices.  The  officers  wlio  are  now  recpiired  by  law  to 
act  as  inspectors  of  election  at  town  meetings  and  village 
elections  shall  continue  to  act  as  such  inspectors  under  the 


*  So  in  the  original. 


Electiox  Laws  of  1890. 


35 


provisions  of  tliis  act.  The  inspectors  of  election,  or  the 
officers  acting  as  such  inspectors,  sliall  appoint  one  or  more 
of  their  nnmber  to  take  charge  ot  the  ballots  and  deliver  the 
same  to  quahfied  voters,  and  the  person  or  persons  thus 
appointed,  or  some  other  of  the  election  officers,  shall  place 
his  or  their  initials  upon  the  stub  above  the  perforated  hue  in 
the  manner  prescribed  by  section  tvrenty-four  of  this  act. 

§  39.  County  clerks,  in  counties  where  the  office  is  not  a 
•salaried  one,  shall  receive  a  reasonable  compensation  for  their 
services  in  carrying  out  the  provisions  of  tliis  act,  to  be  fixed 
by  the  board  of  supervisors  of  the  respective  counties.  Town 
clerks,  for  their  serffices  recpiired  hereby,  shall  be  paid  for 
each  day  actually  employed  the  same  compensation  allowed 
them  by  law  for  services  upon  the  town  board,  besides  their 
disbursements. 

§  40.  Sunday  shall  be  included  in  all  computations  of  time 
made  under  the  provisions  of  this  act. 

§  41.  Whenever  any  duty  is  devolved  upon  city  clerks  by 
the  provisions  of  tliis  act,  the  same  shall  be  performed,  in 
cities  where  there  is  no  such  office,  bv  clerks  of  the  common 

j  tj 

council  excejit,  as  hereinbefore  otherwise  provided. 

§  42.  This  act  shall  not  apply  to  elections  for  public  officers 
determined  otherwise  than  bv  ballot,  nor  to  elections  for 
school  officers  when  no  other  officers  are  to  be  chosen  at  the 
same  election. 

§  43.  Section  twenty-one  of  title  three  of  chapter  one 
hundred  and  thu’tv  of  the  laws  of  eis^hteen  hundred  and 
forty-two,  entitled  ‘’An  act  respecting  elections  other  than 
for  mihtia  and  town  officers,”  is  hereby  amended  so  as  to  read 
as  follows : 

§  21.  At  each  town  meeting  to  be  held  in  the  several 
towns  of  this  state,  and  at  each  annual  charter  election  to  be 
held  in  the  several  cities  of  this  state,  which  are  not  organized 
into  towns,  the  electors  of  such  citv  or  town  shall  be  entitled 
to  vote  by  ballot,  on  the  same  ticket  with  other  town  or 
charter  officers,  for  three  electors  residing  in  each  election 
district  of  such  town  or  city,  and  the  three  persons  in  each 


Chap.  262. 


Compensa¬ 
tion  of 
county  and 
town  clerks. 


Sunday. 


Duties  of 
city  clerk, 
clerks  of 
council  to 
perform. 


Act  not  to 
apply  to 
certain 
elections. 


Election 

law 

amended. 


Inspectors, 
election  of. 


3G 


ELECTi02i  Laws  of  1890. 


Chap.  262. 


Appoint¬ 
ment  of. 


Poll  clerks. 


Repeal. 


When  to 
take  effect. 


district  receiving  the  greatest  number  of  votes  shall  be  three- 
of  the  inspectors  of  election  for  such  district  at  all  general 
and  special  elections  to  be  held  therein  the  ensuing  year. 
The  presiding  officers  of  such  town  meeting  or  charter  election 
shall,  immediately  after  the  votes  of  such  town  meeting  or 
charter  election  shall  be  canvassed,  appoint  by  writing,  sub¬ 
scribed  by  a  majority  of  such  presiding  officers,  two  additional 
inspectors  of  election  for  each  election  district,  to  be  associated 

m 

with  said  three  inspectors  so  elected,  and  who  shall  thereupon 
be  two  of  the  inspectors  of  election  of  such  district,  Such 
inspectors  shall  be  selected  from  the  three  persons  in  such 
election  distinct  who  shall  have  the  hio:hest  number  of  votes 
next  to  the  three  inspectors  so  elected ;  and  no  ballot  for 
inspectors  shall  be  counted  ii-pon  which  more  than  three  names, 
shall  be  contained. 

§  dd.  Section  three  title  four  of  chapter  one  hundred  and 
thirty  of  the  laws  of  eighteen  hundred  and  forty-two,  entitled 
•‘An  act  respecting  elections  other  than  for  militia  and  town 
officers,*’  as  amended  by  chapter  one  hundred  and  sixty-three 
of  the  laws  of  eighteen  hundred  and  eighty-one,  is  hereby 
amended  so  as  to  read  as  follows : 

§  3.  The  three  inspectors  elected,  after  having  severally 
taken  such  oath,  shall  appoint  one  clerk,  and  the  two 
inspectors  appointed,  after  having  severally  taken  such  oath 
shall  ap23oint  another  clerk,  to  be  called  clerks  of  the  poll. 

§  45,  All  acts  and  parts  of  acts  inconsistent  with  the  pro- 
Ausions  of  this  act  are  hereby  repealed. 

§  46.  This  act  shall  take  ehect  J uly  first,  eighteen  hundred 
and  ninety. 


Election  Laws  of  1890, 


37 


Chapter  94:. 

AX  ACT  TO  Amend  Title  Five  of  the  Penal  Code 

Relating  to  Ceimes  Against  the  Elective  Feanchise. 

Approved  by  the  Governor  April  4,  1890.  Passed,  three-fifths  being 
present. 

The  Peojole  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  asfolloios  f 

Section  1.  Title  five  of  the  Penal  Code,  entitled  Of 
crimes  as^ainst  the  elective  franchise,'’  is  herebv  amended  so 
as  to  read  as  follows  : 

§4:1.  It  shall  be  unlawful  for  any  person,  directly  or 
indirectly,  by  himself  or  through  any  other  person : 

1.  To  pay,  lend  or  contribute,  or  offer  or  joi’omise  to  pay, 
lend  or  contribute  any  money  or  other  valuable  consideration, 
to  or  for  any  voter,  or  to  or  for  any  other  person,  to  induce 
such  voter  to  vote  or  refrain  from  voting  at  any  election,  or  to 
induce  anv  voter  to  vote  or  refrain  from  votino;  at  such  elec- 
tion  for  any  particular  person  or  persons,  or  to  induce  such 
voter  to  come  to  the  polls,  or  remain  away  from  the  polls  at 
such  election,  or  on  account  of  such  voter  having  voted  or 
refrained  from  voting  or  having  voted  or  refrained  from 
voting  for  any  particular  person,  or  having  come  to  the  poll 
or  remained  away  from  the  polls  at  such  election. 

2.  To  give,  offer  or  promise  any  office,  place  or  employ¬ 
ment,  or  to  promise  to  procure  or  endeavor  to  procure  any 
office,  j^lace  or  employment  to  or  for  any  voter,  or  to  or  for 
any  other  person,  in  order  to  induce  such  voter  to  vote  or 
refrain  from  voting  at  any  election,  or  to  induce  any  voter  to 
vote  or  refrain  from  voting  at  such  election  for  any  particular 
person  or  persons. 

3.  To  make  any  gift,  loan,  promise,  offer,  procurement  or 
agreement,  as  aforesaid,  to,  for  or  with  any  jierson  in  order 
to  induce  such  person  to  procure  or  endeavor  to  procure  the 


Chap.  94. 


Bribery  of 
voters. 


38 


Election  L^ws  of  1890. 


election  of  any  23erson,  or  tlie  vote  of  any  voter  at  any 
election. 

4.  To  procure  or  engage,  ^^romise  or  endeavor  to  procure^ 
in  consequence  of  any  sncli  gift,  loan,  offer,  j^romise,  j^rocure- 
ment  or  agreement,  the  election  of  any  2)erson  or  the  vote  of 
any  voter  at  such  election. 

6.  To  advance  or  ]3ay  or  cause  to  be  2)aid  any  money  or 
other  A^alnable  thing  to  or  for  the  use  of  any  other  person 
vdth  the  intent  that  the  same,  or  any  2)art  thereof,  shall  be 
used  in  bribery  at  any  election,  or  to  knowingly  pay,  or  cause 
to  be  paid,  any  money  or  other  valuable  thing  to  any  person 
in  discharge  or  repayment  of  any  money,  wholly  or  in  j^art, 
expended  in  bribery  at  any  election. 

Acceptance  g  41  a.  It  shall  be  unlawful  for  any  person,  directly  or 

of  bribes.  ^  J  l  ?  J 

indirectly,  by  himself  or  through  any  other  j^erson: 

1.  To  receive,  agree  or  contract  for,  before  or  during  an 
election,  any  money,  gift,  loan  or  other  valuable  considera¬ 
tion,  office,  place  or  em2)lojunent  for  himself  or  any  other  per¬ 
son,  for  votino^  or  aoTeeino;  to  vote,  or  for  coming  or  a^reein^ 
to  come  to  the  polls,  or  for  remaining  away  or  agreeing  to 
remain  away  from  the  polls,  or  for  refraining  or  agreeing  to 
refrain  from  voting,  or  for  voting  or  agreeing  to  vote  or 
refraining  or  agreeing  to  refrain  from  voting  for  any  particu¬ 
lar  j^erson  or  j^ersons  at  any  election. 

2.  To  receive  anv  monevor  other  valuable  thing  during  or 
after  an  election  on  account  of  himself  or  any  other  person 
having  voted  or  refrained  from  voting  at  such  election,  or  on 
account  of  himself  or  any  other  j)erson  having  voted  or 
refrained  from  voting  for  any  ^Darticular  j^ei’son  at  such  elec¬ 
tion,  or  on  account  of  himself  or  any  other  person  having 
come  to  the  2^olls  or  remained  away  from  the  2)olls  at  such 
election,  or  on  account  of  having  induced  any  other  person 
to  vote  or  refrain  from  voting  or  to  vote  or  refrain  from  voting 
for  any  particular  person  or  persons  at  such  election. 

§  41  b.  It  shall  be  unlawful  for  any  candidate  for  public 
office,  before  or  during  an  election,  to  make  any  bet  or  wager 


Bets  or 
wagers  on 
elections. 


Election  La.ws  of  1890. 


39 


with  a  voter,  or  take  a  share  or  interest  in  or  in  any  manner 
become  a  party  to  any  such  bet  or  wager,  or  provide  or  agree 
to  provide  any  money  to  be  used  by  another  in  making  such 
bet  or  wager,  upon  any  event  or  contingency  whatever.  Xor 
shall  it  be  lawful  for  any  person,  directly  or  indirectly,  to 
make  a  bet  or  wager  with  a  voter,  depending  npon  the  result 
of  any  election,  with  the  intent  thereby  to  procure  the  chal¬ 
lenge  of  such  voter,  or  to  j^revent  him  from  voting  at  such 
election. 

§  41  c.  It  shall  be  unlawful  for  any  person,  directly  or 
indirectly,  by  himself  or  any  other  person  in  his  behalf,  to 
make  use  of,  or  threaten  to  make  use  of,  any  force,  violence 
or  restraint,  or  to  inhict  or  threaten  the  intliction  by  himself, 
or  through  any  other  person,  of  any  injury,  damage,  harm  or 
loss,  or  in  any  manner  to  j^ractice  intimidation  upon  or  against 
any  person,  in  order  to  induce  or  compel  such  person  to  vote 
or  refrain  from  voting  at  any  election,  or  to  vote  or  refrain 
from  voting  for  any  particular  person  or  persons  at  any 
election,  or  on  account  of  such  person  having  voted  or 
refrained  from  voting  at  any  election.  And  it  shall  be 
unlawful  for  any  person  by  abduction,  duress  or  any  forcible 
or  fraudulent  device  or  contrivance  whatever  to  impede,  pre¬ 
vent,  or  otherwise  interfere  with,  tlie  free  exercise  of  the 
elective  franchise  by  any  voter;  or  to  compel,  induce,  or 
prevail  upon  any  voter  either  to  give  or  refrain  from  giving 
his  vote  at  anv  election,  or  to  o^ive  or  refrain  from  o^ivino’  his 
vote  for  any  particular  person  at  any  election.  It  shall  not 
be  lawful  for  any  employer  in  paying  his  employes  the  salary 
or  wages  due  them  to  inclose  their  pay  in  pay  envelopes  ” 
upon  which  there  is  written  or  printed  any  political  mottoes, 
devices  or  arguments  containing  threats,  express  or  implied, 
intended  or  calculated  to  influence  the  ^Dolitical  opinions  or 
actions  of  such  emifloves.  Aor  shall  it  be  lawful  for  anv 
employer,  within  ninety  days  of  general  election  to  put  up  or 
otherwise  exhibit  in  Ids  factory,  work-shop  or  other  establisli- 
ment  or  place  where  his  employes  may  be  working,  any  hand¬ 
bill  or  placard  containing  any  threat,  notice  or  information 


Chap.  94. 


Intimida¬ 
tion  of 
voters. 


Interfer¬ 
ence  with 
exercise  of 
elective 
franchise. 


Use  of  par 
envelopes'to 
influence 
employes. 


Posting  or 
exhibition 
of  placards, 
etc. 


40 


Election  Laws  of  1890. 


Chap.  94. 


Section  to 
apply  to 
corpora¬ 
tions. 

Penalty. 


Statements 
of  election 
expenses  by 
candidates. 


Filing 

thereof. 


that  ill  case  any  particular  ticket  or  candidate  shall  be  elected, 
work  in  his  place  or  establishment  will  cease,  in  whole  or  in 
part,  or  his  establishment  be  closed  uj),  or  the  wages  of  his 
workmen  be  reduced,  or  other  threats  express  or  implied, 
intended  or  calculated  to  influence  the  political  opinions  or 
actions  of  his  employes.  This  section  shall  apply  to  corpo¬ 
rations,  as  well  as  to  individuals,  and  any  person  or  corpora¬ 
tion  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  any  corporation  violating  this 
section  shall  forfeit  its  charter. 

§  41d.  Every  candidate  who  is  voted  for  at  any  juiblic 
election  held  within  this  State  shall,  within  ten  days  after 
such  election,  file  as  hereinafter  provided  an  itemized  state¬ 
ment,  showing  in  detail  all  the  moneys  contributed  or  expended 
by  him,  directly  or  indirectly,  by  himself  or  through  any 
other  person,  in  aid  of  his  election.  Such  statement  shall 
give  the  names  of  the  various  persons  who  received  such 
moneys,  the  specific  nature  of  each  item,  and  the  purpose  for 
which  it  was  expended  or  contributed.  There  shall  be 
attached  to  such  statement  an  affidavit  subscribed  and  sworn 
to  by  such  candidate,  setting  forth  in  substance  that  the  state¬ 
ment  thus  made  is  in  all  respects  true,  and  that  the  same  is  a 
full  and  detailed  statement  of  all  moneys  so  contributed  or 
expended  by  him  directly  or  indirectly,  by  himself  or  through 
any  other  j^erson  in  aid  of  his  election.  Candidates  for  offices 
to  be  filled  by  tlie  electors  of  the  entire  State,  or  any  division  or 
district  thereof  greater  than  a  county,  shall  file  their  statements 
in  the  office  of  the  Secretary  of  State.  The  candidates  for  town, 
village  and  city  offices,  excepting  the  city  of  J^ew  York,  shall 
file  their  statements  in  the  office  of  the  town,  village,  or  city 
clerk  respectively,  and  in  cities  wherein  there  is  no  city  clerk, 
with  the  clerk  of  the  common  council  wherein  the  election 
occurs.  Candidates  for  all  other  offices,  including  all  offices 
in  the  city  and  county  of  Yew  York,  shall  file  their  state¬ 
ments  in  the  office  of  the  clerk  of  the  county  wherein  the 
■election  occurs. 


Electiox  Laws  of  1890. 


41 


§  41e.  A  person  offending  against  any  provision  of  sections 
forty-one  and  forty-one-a  of  this  act  is  a  competent  witness 
against  another  person  so  offending,  and  may  be  comj^elled 
to  attend  and  testify  upon  any  trial,  hearing,  proceeding  or 
investigation  in  the  same  manner  as  any  other  person.  But 
the  testimony  so  given  shall  not  be  nsed  in  any  prosecution 
or  proceeding,  civil  or  criminal,  against  the  person  so  testify¬ 
ing.  A  person  so  testifying  shall  not  thereafter  be  liable  to 
indictment,  prosecution  or  punishment  for  the  offense  with 
reference  to  which  his  testimony  was  given  and  may  plead  or 
prove  the  giving  of  testimony  accordingly,  in  bar  of  such  an 
indictment  or  prosecution. 

§  41f.  AYhosoever  shall  violate  any  provision  of  this  title, 
Lij^on  conviction  thereof,  shall  be  punished  by  imprisonment 
in  a  county  jail  for  not  less  than  three  montlis  nor  more  than 
one  year.  The  offenses  described  in  section"^  forty-one  and 
forty-one-a  of  this  act  are  hereby  declared  to  be  infamous 
crimes.  When  a  j^erson  is  convicted  of  any  offense  men¬ 
tioned  in  section  forty-one  of  this  act  he  shall  in  addition  to 

«/ 

the  punishment  above  prescribed,  forfeit  any  office  to  which 
he  may  have  been  elected  at  the  election  with  reference  to 
which  such  offense  was  committed ;  and  when  a  person  is 
convicted  of  any  offense  mentioned  in  section  forty-one-a 
of  this  act  he  shall  in  addition  to  the  punishment  above  pre¬ 
scribed  be  excluded  from  the  right  of  suffrage  for  a  peidod  of 
ffve  years  after  such  conviction  and  it  shall  be  the  duty  of  the 
county  clerk  of  the  county  in  which  any  such  conviction  shall 
be  had,  to  transmit  a  certified  copy  of  the  record  of  convic¬ 
tion  to  the  clerk  of  each  county  of  the  State,  within  ten  days 
thereafter,  which  said  certified  copy  shall  be  duly  filed  by  the 
said  county  clerks  in  their  respective  offices.  Any  candidate 
for  office  who  refuses  or  neglects  to  file  a  statement  as  pre¬ 
scribed  in  section  fortv-one-d  of  this  act  shall  be  deemed 

•y 

guilty  of  a  misdemeanor,  punishable  as  above  provided  and 
shall  also  forfeit  his  office. 


Chap.  94. 

Offender, 

competent 

witness. 


Testimony 
not  to  be 
used 
against. 


Punishment 
for  viola¬ 
tions  of 
title. 


Duty  of 

county 

clerks. 


Penalty  for 
refusal  to 
file  state¬ 
ments. 


42 


Election  Laws  of  1890 


Chap.  321. 

Other 

crimes 

against 

elective 

franchise. 

Eepeal. 


General 
registry 
law,  when 
not  appli¬ 
cable. 


Board  of 
registry. 

Meetings. 


§  41g.  Other  crimes  against  the  elective  franchise  are 
defined,  and  the  punishment  thereof  j^i’escrihed  by  special 
statutes. 

§  2.  Section  forty-one  of  the  Penal  Code,  as  it  existed  prior 
to  the  23assage  of  this  act,  is  hereby  repealed. 

§  3.  This  act  shall  take  effect  immediately. 


Claapter  3f21. 

AEs  ACT  TO  Pevise,  Consolidate  and  Amend  the  Laws 

Relating  to  the  Registry  of  Voters  except  in  the. 

Cities  of  New  York  and  Brooklyn. 

Approved  by  the  Governor,  j\Iay  13,  1890.  Passed,  three-fifths  being- 
present. 

The  People  of  the  State  of  JTew  Yorh^  represented  in- 
Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  This  act  shall  be  known  as  the  general  registry 
law,  but  shall  not  apply  to  the  cities  of  New  York  and 
Brooklyn,  nor  to  any  village  election  or  town  meeting,  nor  to 
school  elections  in  cities  when  held  at  different  times  or  by 
different  election  districts  from  other  elections  of  city  ofiicers,. 
nor  to  any  vote  cast  or  offered  to  be  cast  under  or  by  virtue 
of  any  law  enabling  a  qualified  elector  to  vote  while  absent 
from  the  State  in  the  mihtary  or  naval  service  of  the  United 
States. 

§  2.  The  inspectors  of  election  of  each  election  district, 
shall  constitute  the  board  of  registry  thereof.  In  cities, 
each  board  shall  hold  four  meetings  before  each  general  elec¬ 
tion,  and  before  each  city  election  for  city  officers,  on  the 
fifth,  fourth,  third  and  second  Saturdays  before  the  election, 
to  be  known  respectively  as  the  first,  second,  third  and  fourth 
meetings  of  the  board  for  such  election,  and  two  meetings 
before  each  special  election  in  any  city  on  the  second  Satur¬ 
day  and  last  Friday  before  such  election,  to  be  known 
respectively  as  the  first  and  second  meetings  of  the  board  for 


Electjox  Laws  of  1890. 


43 


tlie  special  election.  Else  where  than  in  cities,  each  board 
shall  hold  three  meetings  before  each  general  election,  on  the 
third  and  second  Saturdays  and  last  Eriday  before  the  elec¬ 
tion,  to  be  known  respectively  as  the  first,  second  and  third 
meetings  of  the  board  for  the  general  election.  Each  meeting 
shall  beo^in  at  nine  o’clock  in  the  forenoon  and  continue  until 
nine  o’clock  in  the  evenino;,  with  not  more  than  two  inter- 

O  J 

missions  of  one  hour  each.'  Immediately  upon  their  organiza- 

assembhno;  for  the  first  meetino;  for  any  election,  the  board 

shall  elect  one  of  their  number  to  be  its  chairman,  who  shall 

immediatelv  administer  to  the  other  members  of  the  board 

the  constitutional  oath  of  oftice,  one  of  whom  shall  thereujDon 

administer  the  like  oath  to  the  chairman.  If  a  member  fails  Appoint- 

of 

to  appear  at  any  meetino^  of  the  board  the  otlier  members  of  electors  m 
the  board  shall  immediately  apj^oint  a  cpialified  elector  of  the 
district  of  the  same  political  party  as  the  absent  member,  who 
upon  taking  the  constitutional  oath  of  oflice,  shall  act  in  the 
place  of  the  absent  member  until  he  shall  aj^pear.  If  two 
members  fail  to  appear  at  any  meeting  of  the  board,  the 
member  appearing  may  appoint  two  cpialified  electors  of  the 
district  who  shall  respectively  belong  to  the  same  political 
parties  as  the  absent  members,  who,  upon  taking  the  con¬ 
stitutional  oath  of  office,  shall  act  in  the  places  of  such  absent 
members  respectively  until  they  may  respectively  appear. 

If  no  members  of  the  board  shall  appear  at  any  meeting 
within  one  hour  after  the  same  should  have  been  opened,  the 
cpialified  electors  of  the  district  present,  not  less  than  ten 
may  designate  a  cpialified  elector  of  the  district  to  act  in  the 
place  of  each  absent  member,  wdio  shall  be  of  the  same 
political  party  as  such  absent  member,  and  shall  act  in  his 
jfiace  until  he  appears ;  and  the  persons  so  designated  shall 
organize  as  a  board,  and  take  an  oath  of  office  in  like  manner 
as  herein  required  of  the  members  of  the  board. 

§  3.  All  meetino:s  of  tlie  board  of  reo;istrv  in  each  election  greetings, 

.  ^  where  field. 

district  shall  be  held  at  the  place  designated  for  liolding  the 
poll  of  tlie  next  ensuing  election  for  whicli  the  meeting  is 
held,  but  no  building  or  part  of  a  building  shall  be  so 


44 


Electiox  Laws  of  1890. 


Chap.  321. 

Polling 
places  not  to 
be  where 
liquors  are 
.sold,  etc. 


List  of 
TOters. 


Placing  of 
names 
thereon,  in 
cities. 


Placing  of 
names 
thereon 
•elsewhere. 


designated  in  any  city  if  within  sixty  days  before  such 

O  fj  Ki  C  t/ 

designation  intoxicating  liquors,  ale  or  beer  shall  haye  been 
sold  in  any  part  of  such  Ituilding ;  and  no  room  shall  be  so 
designated  in  any  election  district,  else^yhere,  if  within  sixty 
days  before  such  designation  intoxicating  liquor,  ale  or  beer 
sliall  haye  been  sold  in  such  room  or  in  a  room  adjoining  tliereto 
with  a  door  or  other  passageway  between  the  two  rooms  ;  and 
no  intoxicating  liquor,  ale  or  beer  sliall  be  sold  in  such  build¬ 
ing  in  a  city,  or  in  such  room  or  adjoining  room  elsewhere 
after  such  desiscnation  and  liefore  such  election. 

§  4.  The  board  of  registry  of  each  election  district  at  its 
seyeral  meetings  for  each  election  shall  prepare  a  list  of 
jiersons  quahfied  to  yote  in  such  district  at  such  election, 
wliich,  when  finally  completed,  shall  be  known  as  tlie  register 
of  yoters  of  the  district  for  such  election.  In  cities  the 
names  of  such  jiersons  only  as  personally  appear  before  the 
board  and  are  so  qualified  shall  be  jfiaced  on  such  list  at  a 
meeting  of  the  board  for  a  general  election  or  for  a  city 
election  of  city  officers.  At  the  first  meeting  of  the  board  in 
a  city  for  a  special  election  the  board  shall  place  uj^on  such 
list  all  the  names  which  appear  upon  the  register  of  yoters 
for  the  last  preceding  general  election  in  the  election  district 
in  which  the  board  shall  meet,  except  of  such  persons  as  shall 
haye  died  or  ceased  to  reside  in  such  election  district,  or 
otherwise  become  disqualified  to  yote  therein,  since  such 
general  election  and  shall  at  such  meeting  and  also  at  its 
second  meeting  for  such  special  election,  ^fiace  upon  such  list 
the  names  of  all  persons  so  qualified,  and  who  shall  personally 
appear  before  the  board  at  one  of  sucli  meetings,  but  no  new 
names  which  were  not  on  such  register  shall  be  placed  on 
such  list,  except  of  23ersoDS  who  so  personally  aj^pear.  Else¬ 
where,  the  board  shall  at  its  first  meetino;  for  any  election, 
place  upon  such  list  the  names  of  all  persons  qualified  to  yote 
in  such  district  at  such  election,  which  appear  upon  the  poll- 
list  of  the  next  preceding  general  election  held  in  the  dis¬ 
trict,  and  shall  also  at  such  meeting  and  at  its  second  meeting 
place  upon  such  list  the  names  of  all  otlier  persons  known  or 


Election  Laws  of  1890. 


45 


proven  to  the  satisfaction  of  the  board  to  be  so  cpialified,  and 
shall  at  every  meeting  of  the  board  place  upon  such  hst  the 
name  of  every  j^erson  so  qiialihed  who  personally  apj^ears 
before  the  board  and  requests  to  have  his  name  placed 
thereon,  but  at  the  third  meeting  of  the  board  the  names  of 
such  persons  only  as  personally  appear  before  the  board  and 
are  so  qualified  shall  be  placed  on  such  list. 

§  5.  The  list  so  made  in  each  election  district  shall  be 
arranged  alphabetically  by  the  first  letter  of  the  surname  of 
each  person,  which  shall  be  placed  in  the  first  column,  with 
his  Christian  name  in  the  second  column,  and  his  age 
as  near  as  it  can  be  ascertained  in  the  third  column, 
his  residence  bv  street  and  number,  if  it  have  a  street 
and  number,  in  the  fourth  column,  and  if  such  residence  be 
in  a  city  or  incorporated  village  and  have  no  street  number, 
then  in  such  fourth  column  shall  be  placed  a  brief  designation 
of  the  locality  of  his  residence.  The  list  shall  be  so  arranged 
at  the  first  meeting  that  there  shall  be  sufficient  space  after 
each  letter  for  all  persons  whose  names  may  be  added  at 
subsequent  meetings,  whose  surnames  shall  begin  with  the 
same  letter,  but  before  adding  any  names  after  the  first 
meetino:,  there  shall  be  inserted  in  the  list  at  the  end  of  the 
names  set  forth  under  each  letter,  at  the  next  previous  meet¬ 
ing,  the  following  :  Added  at  second  meeting,”  or  added 
at  third  meeting,”  or  added  at  fourth  meeting,”  as  the  case 
may  be 

§  6.  At  the  close  of  each  meeting  of  the  board  in  each 
election  district  the  board  shall  add  to  the  list  of  voters  as  it 
is  at  the  close  of  the  meeting,  a  certificate,  which,  for  general 

elections  in  cities  and  for  a  citv  election  of  citv  officers,  shall 

1/  / 

be  to  the  effect  that  such  list  as  it  then  is,  is  a  true  and  correct 
list  of  all  persons  qualified  to  vote  at  such  election  in  such 
district,  who  have  personally  appeared  before  the  board  and 
have  requested  to  have  their  names  placed  thereon ;  and 
elsewhere  and  for  special  elections  in  cities,  it  shall  be  to  the 
effect  that  it  is  a  true  and  correct  list  of  all  persons  qualified 
to  vote  at  the  next  election  in  such  district  whose  names  the 


Chap.  321. 


Form  of 
list. 


Arrange¬ 
ment  for 
additional 
names. 


List,  how^ 
certified. 


46 


Electiox  Laws  of  1890. 


Chap.  321. 

Custody 

thereof. 

Copies  to  be 
posted  and 
retained. 


Poll-lists  of 
preceding 
election,  de¬ 
livery  of, 
to  board. 


<;:opjes,  in 
ease  of 
formation 
of  new 
district. 


Compensa¬ 
tion  there¬ 
for. 


*  Duty  of 
board  of 
mew  dis¬ 
trict. 


Challenge 
of  appli¬ 
cant. 


board  is  required  by  law  to  place  thereon.  Such  list,  so 
certilied,  shall  remain  in  the  custody  of  the  chairinan  of  the 
board  until  the  close  of  the  polls  on  election  day.  At  each 
meeting  of  the  board,  or  during  the  next  following  secular 
day,  the  board  shall  make  three  certilied  cojiies  of  such  list 
and  certificate,  one  of  which  shall  forthwith  be  conspicuously 
posted  in  the  place  where  such  meeting  shall  have  l)een  held, 
and  one  shall  be  retained  bv  each  of  the  other  two  members 
of  the  board,  until  the  close  of  the  ^^olls  of  such  next  election. 

§  7.  Each  clerk  with  whom  the  j)oll-list  of  the  last  pre- 
cedino^  general  election  in  any  election  district  outside  of  a 
city,  shall  have  been  filed  in  pursuance  of  law,  shall  cause 
one  of  such  poll-lists  to  be  delivered  to  the  board  of  registry 
of  each  district  outside  of  a  city  at  the  opening  of  its  first 
meeting  for  any  election,  and  any  such  clerk  within  any  city 
shall  cause  the  remster  of  voters  on  file  in  his  office  to  be 

O 

delivered  to  the  board  of  reo-istrv  of  each  election  district  in 

O  c 

such  city  at  the  opening  of  its  first  meeting  for  a  sj)ecial 
election.  If  a  new  election  district  shall  have  been  formed 
since  the  last  preceding  general  election,  such  clerk  shall, 
before  such  first  meeting,  make  a  certified  copy  of  such  a 
poll-list  of  each  district  out  of  which  such  new  district  shall 

V 

have  been  formed,  and  shall  cause  such  certified  copies  to  be 
delivered  to  the  board  of  registry  of  such  new  election  dis¬ 


trict  at  the  opening  of  its  first  meeting.  The  just  and 
reasonable  value  of  the  services  of  such  clerk  in  making 
such  certified  copies  sliall  be  a  charge  upon  the  town  or 
municipahty  of  which  he  is  the  clerk.  Each  board  of 
registry  of  such  new  election  district  outside  of  a  city,  at  its 
first  meeting,  or,  in  a  city,  at  its  first  meeting  for  a  special 
election,  shall  place  uj^on  the  list  of  voters  all  persons  whose 
names  are  upon  such  copies  who  are  qualified  to  vote  in  such 
election  district  at  the  next  ensuing  election  for  which  such 


meeting  is  held. 

§  8.  Any  person  who  appears  ^^ersonally  at  any  meeting 
of  a  board  of  registry  for  any  election  and  applies  to  have 
his  name  placed  on  the  list  of  voters,  may  be  challenged  by 


Election  Laws  of  1890, 


47 


any  qualified  elector  of  such  district.  If  such  applicant  be 
so  challenged,  or  if  any  member  of  the  board  shall  have 
reason  to  suspect  that  such  applicant  is  not  then,  or  will  not 
at  the  time  of  the  election  for  which  such  meeting  is  held,  be 
qualified  to  vote  at  such  election  in  such  district,  the  board 
shall,  and  in  all  cases,  may  administer  to  such  applicant  the 
oath  which  is  required  by  law  to  be  administered  to  a 
challenged  person  offering  to  vote  at  a  general  election,  and 
may  thereupon  examine  him  as  to  his  qualifications  as  an 
elector.  Such  apj^licant  may  also  be  required  by  the  board 
to  state,  under  oath,  his  age,  his  residence  by  street  and 
number,  if  it  have  a  street  number,  and  otherwise  to  describe 
the  locality  thereof,  and  if  he  is  not  a  householder,  to  state 
the  name  of  tlie  householder  with  whom  he  resides,  and  in 
like  manner  to  describe  the  residence  of  such  householder. 
If  the  applicant  shall  make  such  statement  and  shall  make 
oath  or  affirmation  to  the  circumstances  which  qualify  him  to 
vote  at  such  election  in  such  district,  his  name  shall  be  added 
to  such  list  of  voters.  The  board  shall  at  any  such  meeting 
erase  from  such  list  of  voters  the  name  of  any  person  thereon 
who  is  proven  to  the  satisfaction  of  the  board  to  be  not  quali¬ 
fied  to  vote  in  such  district  at  such  election,  or  who  cannot 
be  so  qualified  at  the  time  of  such  election.  If  the  board 
shall,  at  any  meeting,  upon  sufficient  evidence  being  pre¬ 
sented  to  it  refuse  to  strike  from  such  list  of  voters  the  name 
of  any  person  not  so  qualified  to  vote  or  shall  refuse  or 
neglect  to  place  upon  such  list  the  name  of  any  person  who 
is  entitled  to  have  his  name  placed  thereon,  application  may 
be  made  to  any  justice  of  the  supreme  court  of  the  judicial 
district  in  which  such  election  district  is,  or  to  any  justice  of 
the  su^Dreme  court  residing  in  a  county  adjoining  such  judicial 
district,  or  to  the  county  judge  of  tlie  county,  or  to  any  judge 
of  a  court  of  record  of  a  city  in  which  such  election  district 
is,  and  such  justice  or  judge  may,  upon  sufficient  evidence,  and 
upon  such  notice  to  the  members  of  the  board  of  registry 
and  such  other  persons  interested  of  such  application  as  the 
justice  or  judge  may  require,  order  such  name  to  be  stricken 


Chap.  321. 

Oath,  when 
to  be  admin¬ 
istered  to 
applicant, 
etc. 


statement 
required  of 
applicant. 


Erasure  of 
names  from 
list. 


Correction 
of  list,  how 
compelled. 


48 


Election  Laws  of  1890. 


Chap  821. 


Words  “  to 
be  chal¬ 
lenged,” 
placed  op¬ 
posite  name. 


Oath  to  be 
taken. 


Register  at 
polls. 


Unregister¬ 
ed  persons 
not  to  vote. 

Checking 
of  name. 

Right  of 
challenge. 


Entries  in 
poll-lists  by 
clerks. 


Statements 
may  be 
required. 


Filing  of 
registers. 


from  or  added  to  such  list  or  the  register  of  voters,  as  the 
case  may  be,  and  such  list  or  register  shall  be  corrected 
accordingly. 

§  9.  If  at  any  such  meeting  of  a  board  of  registry  any 
elector  of  the  district  shall  upon  oath  declare  tliat  he  has 
reason  to  believe  that  any  person  on  such  list  of  voters  is  not 
so  qualified  to  vote,  the  board  of  registry  shall  place  the 
words  to  be  challenged”  oj^posite  the  name  of  such  person, 
and  when  such  person  shall  offer  his  vote  at  such  election, 
the  general  oath  as  to  qualifications  shall  be  administered  to 
him,  and  if  he  shall  refuse  to  take  such  oath  he  shall  not  be 
permitted  to  vote. 

§  10.  At  the  opening  of  the  polls  of  every  election  in  each 
election  district,  tlie  board  of  inspectors  of  election  thereof 
shall  then  and  tliere  have  the  original  register  of  voters  of 
such  district  for  such  election,  and  the  two  certified  copies 
thereof  retained  by  the  members  of  the  board  of  registry, 
and  no  j^erson  shall  vote  at  such  election  in  such  district, 
unless  his  name  is  on  such  register.  The  inspector  shall 
check  upon  the  register  the  name  of  each  person  whose  vote 
is  cast,  and  before  another  vote  shall  be  taken.  The  right 
of  any  person  to  vote  whose  name  is  on  such  register  shall 
be  subject  to  challenge  as  though  this  act  had  not  been 
passed. 

§  11.  The  clerks  of  elections  in  cities  shall  enter  upon  the 
poll-lists  of  each  election,  opposite  the  name  of  each  person, 
his  age  as  near  as  it  can  be  ascertained,  his  residence  bv  street 
and  number,  if  it  have  a  street  number,  and  otherwise  a  brief 
descrij)tion  of  the  locality  thereof.  Any  person  offering  to 
vote  at  any  election  in  a  city  shall,  if  required  by  an  insj^ector 
of  election,  before  his  vote  shall  be  received,  truly  state  his 
age  and  his  residence  accordingly,  and  if  he  shall  refuse  so  to 
do  he  shall  not  be  allowed  to  vote,  and  any  person  willfully 
making  a  false  statement  in  relation  to  his  age  or  residence, 
upon  such  requirement,  shall  be  guilty  of  a  felony. 

§  12.  After  the  canvass  of  the  votes  each  register  so 
checked  and  such  certified  copies  shall  be  filed  in  the  office  in 


Electiox  Laws  of  1890. 


49 


which  the  poll-lists  of  such  election  in  such  district  are 
required  by  law  to  be  filed. 

§  13.  All  meetings  of  the  board  of  registry  shall  be  pnbhc.  Meetmgs, 
The  lists  and  the  register  of  voters  and  the  certified  copies  Registers 

•  flCC0Ssibl0 

thereof  shall  at  all  reasonable  hours  be  accessible  to  the 
public  for  examination  or  for  making  copies  thereof. 

§  14.  Each  board  of  reo^istry  shall  have  and  exercise  the  Presen-a- 

of 

same  powers  in  preserving  order  at  their  meetings  as  are 
given  to  ins23ectors  of  election  for  preserving  order  on  elec¬ 
tion  days. 

§  15.  Every  person  dwellino^  in  any  building  in  a  city  shall  information 
truly  answer  all  questions  asked  by  any  elector  of  the  city 
intermediate  the  first  meeting  of  the  board  of  registry  therein 
for  any  election  and  the  close  of  such  election,  relating  to  the 
residence  and  qualifications  as  a  voter  of  all  persons  dwelling 
in  such  building,  and  of  all  persons  who  appear  upon  the  list 
or  register  of  voters  made  by  such  board  as  residing  at  such 
bnildinor^  and  any  person  who  shall  willfully  violate  any  pro-  violation  of 

.  .  A  .  1  ''  section. 

vision  of  this  section  shall  be  guilty  of  a  misdemeanor. 

§  16.  Any  qnahfied  elector  in  a  city  or  town  may  challenge  Elector  may 

^  .  "  "  .  ?  challenge, 

and  contest  the  rio^ht  of  any  person  to  vote  at  any  election  in  contest 

~  right  to 

any  election  district  dn  such  city  or  town,  or  to  have  his  name 

placed  by  the  board  of  registry  upon  a  list  or  register  of 

voters  at  any  election  district  in  such  city  or  to’svn. 

§  IT.  An  V  board  of  remstrv  mav  appoint  one  clerk  to  assist  Board  may 
.  o  .  .  i  r  appoint 

in  the  performance  of  the  clerical  duties  of  the  said  board  for  clerk, 

not  more  than  four  davs  in  cities  and  not  more  than  three 
davs  elsewhere.  Such  clerk  shall  take  the  constitutional 

V 

oath  of  ofiice  before  he  enters  upon  the  performance  of  his 
duties. 

§  IS.  The  members  and  clerk  of  each  board  of  registry  compensa- 
shall  be  entitled  to  the  same  per  diem  compensation  as  members 

^  and  clerks. 

inspectors  and  clerks  of  election  respectively  for  each  day 
they  are  actually  and  necessarily  employed  in  the  perform¬ 
ance  of  their  duties,  to  be  paid  at  the  same  time  and  in  hke 
manner.  The  reasonable  and  necessarv  expenses  of  each  Expenses 
board  of  registry  for  stationery,  blanks,  instructions,  and  other  etc. 


50 


Chap.  321. 


Administer¬ 
ing  oaths 
and  certify¬ 
ing 

affidavits. 


Affirma¬ 

tions. 


Penalties 
for  violation 
of  act,  etc. 


Election  Laws  of  1890. 

incidental  expenses  shall  be  paid  in  the  same  manner  as  like 
incidental  expenses  of  elections. 

§  19.  Any  member  of  a  board  of  registry  or  of  inspectors 
of  election  may  administer  any  oath  and  certify  any  affidavit 
to  be  sworn  before  him  which  may  be  taken  before  or  pre¬ 
sented  to  either  of  such  boards,  and  no  member  of  either  of 
such  boards  or  any  other  officer  shall  charge  or  receive  any 
fee  or  reward  for  administering  any  such  oath  or  certifying 
any  such  affidavit. 

§  20.  An  affirmation  shall  be  equivalent  to  an  oath  for  all 
purposes  of  this  act.  A  i^erson  is  a  qualified  voter  in  any 
election  district  for  the  purposes  of  having  his  name  placed 
on  the  list  or  register  of  voters  by  the  board  of  registry 
thereof,  if  he  is  at  the  time  qualified  to  vote  at  the  election 
for  which  such  register  is  made,  or  may  become  so  qualified 
on  or  before  the  day  upon  which  such  election  is  to  be 
held. 

§  21.  Any  person  wdio  shall  cause  his  name  to  be  placed 
upon  any  list  or  register  of  voters  in  more  than  one  election 
district  for  the  same  election,  or  shall  cause  his  name  to  be 
placed  upon  such  list  or  register  of  voters  in  such  district 
knowing  that  he  cannot  be  a  qualified  voter  therein  at  the 
election  for  which  such  list  or  register  is  made,  or  who  shall 
falsely  personate  any  registered  voter,  and  any  such  j^erson 
causing  any  such  act  or  aiding  or  abetting  any  person  in  any 
manner  in  either  of  such  acts,  shall  be  guilty  of  a  felony, 
and  punishable  by  imprisonment  in  a  state  prison  for  not 
more  than  five  years.  Any  person  who  shall  willfully  lose, 
destroy  or  mutilate  the  list  or  register  of  voters  in  any  election 
district,  or  any  certified  copy  thereof  after  the  making  of  the 
same  and  before  the  conclusion  of  the  election  for  which  the 
same  are  made,  shall  be  guilty  of  a  misdemeanor.  If  any 
member  or  clerk  of  a  board  of  registry  shall  willfully  violate 
any  of  the  provisions  of  this  act,  or  be  guilty  of  any  fraud  in 
the  execution  of  his  office,  he  shall  be  guilty  of  a  felony,  and 
be  punishable  by  imprisonment  in  a  state  prison  for  not  less 
than  two  nor  more  than  ten  years. 


Election  Laws  of  1890. 


51 


§  22.  The  secretary  of  state  shall  cause  to  he  prepared  a 
sulhcient  number  of  suitable  books  for  lists  and  registers  of 
voters,  with  blank  certilicates  and  brief  instructions  to  boards 
of  registry  therein,  for  use  by  such  boards  in  preparing  lists 
and  registers  of  voters  in  pursuance  of  this  act,  and  shall 
furnish  to  the  county  clerk  of  each  countv  at  least  sixty  days 
before  each  election  to  which  this  act  is  applicable  a  sufficient 
number  of  copies  of  this  act  to  furnish  one  to  each  inspector 
of  election  in  such  county,  and  a  sufficient  number  of  such 

K/  ' 

blank-books  to  furnish  five  to  each  board  of  registrv  in  such 
countv,  and  each  countv  clerk  shall  cause  the  same  to  be 

7  t, 

distributed  accordingly  within  ten  days  after  tlie  receipt 
thereof. 

§  23.  Xo  Saturdav  shall  be  deemed  a  holidav,  nor  shall  any 
Saturday  afternoon  be  deemed  a  half  holiday  so  as  to  affect 
any  meeting  or  proceeding  of  a  board  of  registry. 

§  2d.  The  following  laws  are  hereby  re])ealed  to  wit : 
Chapter  three  hundred  and  eighty  of  the  laws  of  eighteen 
hundred  and  fifty-nine ;  chapter  five  hundred  and  seventy  of 
the  laws  of  eighteen  hundred  and  seventy-two  ;  chapter  eight 
hundred  and  twentv-four  of  the  laws  of  eighteen  hundred 


Chap  321. 

Preparation 
and  distri¬ 
bution  of 
blanks,  etc. 
by  Secre¬ 
tary  of 
State. 


Duty  of 

county 

clerk. 


Saturday 
holidays, 
not  to  affect. 


Laws 

repealed. 


and  seventy-three  ;  chaj^ters  one  hundred  and  forty-two,  four 
hundred  and  sixty-five,  five  hundred  and  eight  and  five  hun¬ 
dred  and  seventy-six  of  the  laws  of  eighteen  hundred  and 
eighty  ;  chapter  eighteen  of  the  laws  of  eighteen  hundred  and 
eighty-one ;  chapter  thirteen  of  the  laws  of  eighteen  hundred 
and  eighty-two  ;  chapter  five  hundred  and  eight  of  the  laws 


of  eighteen  hundred  and  eighty-three ;  chapter  one  hundred 
and  sixty-one  of  the  laws  of  eighteen  hundred  and  eighty-four ; 
chapter  six  hundred  and  forty-nine  of  the  laws  of  eighteen 
hundred  and  eighty-six ;  but  such  repeal  shall  not  affect  or  Acts,  etc., 

•  •  1.1  *11  •  1  *1  not  iiffcctcd, 

impair  any  act  done,  or  right  accruing,  accrued  or  acquired, 
or  liability,  penalty,  forfeiture  or  punishment  incurred  prior 
to  July  first,  eighteen  hundred  and  ninety,  under  or  by 
virtue  of  any  law  so  repealed,  but  the  same  may  be  asserted, 
enforced,  prosecuted  or  inflicted  as  fully  and  to  the  same 
extent  as  if  such  law  had  not  been  repealed  ;  the  repeal  of 


52 


Electiox  Laws  of  1890. 


Chap.  355. 


Prosecution 
of  pending 
actions,  etc. 


When  to 
take  effect. 


Elections. 


Registrars 
and  in¬ 
spectors, 
duties  of. 


Boards  of 
registry, 
annual 
meeting  of. 


any  such  law  which  repeals  a  prior  law,  shall  not  restore  such 
23rior  law ;  and  all  actions  or  proceedings,  civil  or  criminal, 
commenced  under  or  by  virtue  of  the  laws  so  repealed  and 
pending  on  June  thirtieth,  eighteen  hundred  and  ninety,  may 
be  prosecuted  and  defended  to  final  effect,  in  the  same  man¬ 
ner  and  with  the  like  effect  as  they  might  under  the  law& 
then  existino^. 

§  25.  This  act  shall  take  effect  July  first,  eighteen  hundred 
and  ninety. 


Clnapter  3oo. 

AX  ACT  TO  Amend  Sections  Seven,  Xine  and  Eleven  of 
Title  Twenty  of  Chapter  Five  Hundred  and  Eighty- 
three  OF  THE  Laws  of  Eighteen  LIundred  and  Eighty- 
eight,  Entitled  An  Act  to  He  vise  and  Combine  in  a 
Single  Act  all  Existing  Special  and  Local  Laws 
Affecting  Public  Interests  in  the  City  of  Brooklyn,” 
WITH  BeFERENCE  to  ELECTIONS. 

Approved  by  tbe  Governor  May  17,  1890.  Passed,  tbree-fiftbs  being 
present. 

The  Teojyle  of  the  State  of  New  To'rh,  rejyresented  in 
Senate  and  Assemhly,  do  enact  as  follows : 

Section  1.  Section  seven  of  title  twenty  of  chapter  five 
hundred  and  eightv-three  of  the  laws  of  eighteen  hundred 

Of/  O 

and  eighty-eight  is  hereby  amended  so  as  to  read  as  follows : 

§  7.  The  said  registrars  of  electors  shall  make  the  registry 
hereinafter  provided  for,  in  the  city  of  Brooklyn,  and  the 
said  registrars  and  ins^^ectors  shall  hold  the  elections  herein¬ 
after  mentioned  and  preside  at  the  same,  and  have  and 
possess  all  the  powers,  and  be  subject  to  all  the  duties  and 
liabilities  of  inspectors  of  election.  The  registrars  of  each 
election  district  shall  meet  at  the  place  designated  for  hold¬ 
ing  the  poll  therein  at  the  next  general  election,  on  Tuesday 
four  weeks,  TTednesday  of  the  third  week,  and  Friday  and 
Saturday  of  the  second  week  preceding  the  day  of  the 


Election  Laws  of  1890. 


53 


November  election  of  each  year,  for  the  purpose  of  register¬ 
ing  the  names  of  the  legal  voters  of  such  election  district, 
and  for  this  purpose  they  shall  organize  themselves  as  a 
board  of  registry  in  each  election  district,  and  appoint,  or  in 
case  tliey  cannot  agree,  select  by  lot,  one  of  their  number 
as  chairman  of  the  board.  The  said  board  shall  be  and 
remain  in  attendance  on  each  of  the  davs  above  named,  at 
said  designated  place,  from  seven  to  ten  o’clock  in  the  fore¬ 
noon,  and  from  three  to  ten  o’clock  in  the  afternoon,  for  the 
purpose  of  making  a  Hst  of  all  persons  who  are,  or  will 
be  on  the  day  of  the  next  election,  qualified  and  entitled  to 
vote  at  such  election  in  said  election  district,  under  and  in 
accordance  with  the  provisions  of  the  Constitution  and  laws 
of  this  State,  and  who  have  personally  appeared  and  asked 
to  be  registered.  The  name  of  no  j)erson  shall,  at  any  time, 
be  entered  upon  said  registry  unless  the  elector  shall  per¬ 
sonally  appear  before  said  registrars.  Such  list,  when  com¬ 
pleted,  shall  constitute  and  be  known  as  the  registry  of 
electors  of  said  district.  Each  member  of  said  board  shall 
make  a  list  of  qualified  voters  in  the  district,  and  enter 
therein,  under  the  heading  of  the  street  or  avenue  in  which 
each  voter  resides,  his  name,  age,  residence,  and  the  duration 
of  his  residence  in  the  State,  in  the  county,  and  in  the  elec¬ 
tion  district ;  and  no  person  shah  be  registered  unless  he  be 
at  the  time  or  will  be  on  tlie  dav  of  the  next  election  a  resi- 
dent  and  qualified  voter  within  the  election  district ;  and  it 
shall  be  the  dutv  of  the  resfistrars  receivino-  his  name,  if  such 
person  be  challenged,  or  in  case  such  registrars  shall  have 
cause  to  suspect  such  person  is  not  a  resident  of  such  district, 
or  is  from  any  cause  disqualified  from  voting  therein,  to 
administer  to  him  the  same  oath  which  the  law  prescribes 
shall  be  administered  to  a  challenged  person  attempting  to 
vote  at  a  regular  election,  and  such  registrars  shall  make  a 
memorandum  on  the  registry  opposite  the  name  of  every 
person  who  has  been  thus  sworn.  The  fact  that  such  person 
has  been  thus  sworn  shall  not  prevent  his  being  sworn  again 
if  challenged  for  any  cause,  when  he  attempts  to  vote  at  the 


'  Chap.  355. 


Organiza¬ 

tion. 


Chairman. 

Honrs  for 
registration. 


List  of 
voters. 


Personal 

appearance 

necessary. 

Registry  of 
electors. 


Oath,  when 
to  be  ad¬ 
ministered 
to  applicant, 
etc. 


54 


Election  Laws  of  1890. 


Chap.  355. 

Production 
of  natural¬ 
ization 
papers,  etc. 


Mistakes  of 
legal  voters 
in  register¬ 
ing,  correc¬ 
tion  of. 


Certificate 
to  voter. 


Entry  of 
name  in 
register  of 
another 
district. 


Registry 
lists,  copies 
to  be  made. 


Entries 

therein. 


next  election.  It  shall  he  the  duty  of  every  naturalized 
citizen,  before  being  registered,  to  produce  to  the  registrars, 
if  any  registrar  shall  require,  his  naturalization  papers  for 
their  inspection,  and  to  make  oath  before  them  that  he  is  the 
person  purporting  to  have  been  naturalized  by  the  papers  so 
produced,  unless  such  citizen  was  naturalized  previous  to 
eighteen  hundred  and  sixty-seven,  and  any  person  know¬ 
ingly  taking  a  false  oath  before  such  registrars  shall  be  pun¬ 
ished  as  for  willful  and  corrupt  perjury.  If  at  any  time,  on 
or  prior  to  the  Thursday  preceding  the  day  of  election,  the 
board  of  registrars  in  any  election  district  shall  be  satisfied 
that  any  person  otherwise  eligible  as  a  voter  in  the  said  city 
has  bv  mistake  been  remstered  in  the  election  district  in 

'  O 

which  said  board  shall  have  been  and  shall  be  serving,  and 
shall  be  entitled  to  be  registered  in  another  district  in  the 
same  ward,  they  sliall  strike  his  name  from  their  said  registry,, 
and  thereupon  give  to  such  voter  a  certificate  signed  by  said 
board  that  his  name  has  been  stricken  from  their  said  registry 
on  account  of  such  removal,  and  shall  strike  his  name  ofi 
from  the  registry  on  which  it  has  been  entered;  and  on 
presentation  of  sucli  certificate  to  tlie  registrars  of  the  district 
to  which  he  shall  have  so  removed,  at  their  final  meeting  on 
the  Thursday  preceding  the  day  of  election,  his  name  shall 
be  entered  on  the  registry  in  such  district,  with  a  mem¬ 
orandum  of  such  removal. 

§  2.  Section  nine  of  title  twenty  of  chapter  five  hundred 
and  eighty-three  of  the  laws  of  eighteen  hundred  and  eighty- 
eight  is  hereby  amended  so  as  to  read  as  follows : 

§  9.  On  the  Monday  next  after  the  last  of  the  four  days, 
hereinbefore  provided  for  the  registration  of  voters,  the  said 
registrars  of  each  election  district  shall  make  and  com¬ 
plete  four  additional  lists  of  said  registry,  and  enter  therein 
the  names  of  the  j^ersons  registered,  under  the  heading  of 
the  streets  or  avenues  in  which  they  reside,  their  age,  place 
of  residence,  in  numerical  order,  length  of  time  of  residence 
in  the  State,  in  the  county  and  in  the  election  district,  and 
in  a  column  headed  “remarks  ”  if  to  be  challenged,  as  follows  : 


Election  of  1890. 


55 


Xame  of  Street  ok  Avenue. 


Chap.  355. 

Form  of 
lists. 


Residence 
number  or 
other  designa¬ 
tion. 

Name  of 
voter. 

Age 

Length  of 
residence  in 
the  State. 

Length  of 
residence  in 
the  county. 

Length  of 
residence  in 
the  district. 

Remarks 
(to  be  chal¬ 
lenged). 

The  said  lists  when  so  comjDleted  shall  be  signed  and  certified 
by  each  registrar.  Two  of  the  said  lists  shall  be  carefully 
preserved  by  the  board  of  registrars  for  use  on  the  day  of 
election,  and  the  other  two  lists  shall  be  delivered  on  the 
following  day,  to  the  board  of  elections,  and  it  shall  be  the 
duty  of  the  said  board  of  elections  to  print  and  distribute  for 
each  ward  respectively  fifty  times  as  many  copies  of  said  list, 
as  there  are  districts  in  the  ward,  in  pamphlet  form,  so  that 
each  ward  pamphlet  shall  contain  the  lists  of  the  several  elec¬ 
tion  districts  in  each  ward.  It  shall  also  be  the  duty  of  the 
said  board  of  elections  to  select  and  hire  all  polhng  places  and 
place  them  in  proper  order  and  condition  ;  to  furnish  to  the 
various  election  officers  provided  for  in  this  title,  such  regis¬ 
tries,  maps,  books,  blanks,  instructions  and  stationery  as  may 
be  necessary  for  the  ]3roper  discharge  of  their  duties. 

§  3.  Section  eleven  of  title  twenty  of  chapter  five  hundred 
and  eighty-three  of  the  laws  of  eighteen  hundred  and  eighty- 
eight,  is  hereby  amended  so  as  to  read  as  follows  : 

§  11.  It  shall  be  the  duty  of  the  said  registrars  and  said 
inspectors  to  act  as  inspectors  of  elections  in  the  districts 
wherein  they  are  appointed  at  the  next  general  election  after 
such  appointment.  They  shall  together  form  a  board  of 
inspectors  of  election  by  appointing,  or  in  case  they  cannot 
agree,  selecting  by  lot  one  of  their  members  to  be  chairman, 
and  shall  also  designate  two  of  their  number  at  the  opening  of 
the  polls  who  shall  check  the  name  of  every  voter  voting  in 
such  district  whose  name  is  on  the  registrv,  and  no  vote  shall 


Certifica¬ 

tion. 

Custody  of 
lists. 


Printing 
and  distri¬ 
bution. 


Polling 
places  and 
supplies  for. 


Inspectors 
of  election. 


Board,  how 
formed. 


Checking  of 
names  on 
lists. 


56 


Election  Laws  of  1890. 


Chap.  355. 


Right  of 
challenge. 


Unregis¬ 
tered  per¬ 
sons  not  to 
vote. 


Powers  and 
duties. 


Hourly 
entry,  etc., 
upon  poll- 
lists. 


be  received  at  any  general  election  unless  the  name  of  the 
person  offering  to  vote  be  on  the  said  registry ;  and  any 
person  whose  name  is  on  the  registry  may  be  challenged,  and 
the  same  oaths  shall  be  put  as  are  now  prescribed  by  law,  and 
no  person  shall  be  permitted  to  vote  at  any  election  in  the 
city  of  Brooklyn  unless  his  name  shall  have  been  duly 
registered  in  accordance  with  the  provisions  of  this  title.  It 
shall  be  their  duty  to  be  in  constant  attendance  during  the 
hours  allotted  for  the  discharge  of  their  duties.  They  shall 
j^erform  all  the  duties  and  possess  all  the  powers  of  inspectors 
of  election  in  the  several  towns  of  this  State,  as  now  provided 
by  law.  The  inspectors  shall  cause  the  la]3se  of  every  hour 
to  be  entered  uj^on  the  margin  of  the  j^oll  lists,  beginning  at  the 
opening  of  the  j^olls  and  continuing  from  hour  to  hour,  by 
noting  the  hour  opposite  to  the  name  of  the  respective  voter, 
and  causing  their  chairman  to  sim  his  name  under  each 


entry,  and  shall  also  enter  the  time  of  the  closing  of  the 
corapensa-  polls  opposite  to  the  name  of  the  last  voter.  The  compensa- 
eiection  tion  of  the  regcistrars,  as  registrars,  shall  be  four  dollars  each 
per  day,  for  six  days  only,  and  the  compensation  of  each 
inspector  shall  be  five  dollars,  and  that  of  the  poll  clerks 
shall  be  five  dollars  for  the  election  and  five  dollars  for  the 
canvass,  and  each  canvasser  shall  receive  five  dollars  for  the 
canvass,  and  shall  be  exempt  from  jury  duty  for  one  year 
Power  to  thereafter.  The  registrars  and  the  inspectors  of  elections 

preserve  ^  ^  ^  ^  ^  ^ 

order.  and  caiivasscrs  in  each  election  district,  while  discharging  any 
of  the  duties  imposed  U2:)on  them  by  this  title,  shall  have  full 
power  and  authority,  and  they  are  hereby  required  to  pre¬ 
serve  order  and  enforce  obedience  to  their  lawful  commands 
at  and  around  the  place  of  registration  or  election  during 
the  day  of  any  registration,  revision  of  registration,  election 
or  canvass,  estimate  or  return  of  votes,  to  keep  the  access  to 
such  place  open  and  unobstructed,  to  prevent  and  suppress 
riots,  tumult,  violence,  disorder  and  all  improper  j)ractices 
tending  to  the  intimidation  or  obstruction  of  voters,  the  dis¬ 
turbance  or  interruption  of  the  work  of  registration,  revision 
of  registration,  or  voting  or  the  canvass,  estimate  or  return 


Election  Laws  of  1890. 


57 


of  votes,  and  to  protect  the  voters,  challengers,  and  persons 
designated  to  watch  the  canvass  of  any  ballots  from  intimida¬ 
tion  or  violence,  and  the  registries,  poll-books,  boxes  and 
ballots  from  violence  and  fraud,  and  to  appoint  or  dej)utize, 
if  necessary,  one  or  more  electors  to  communicate  their 
orders  and  directions  and  to  assist  in  the  enforcement  thereof. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

§  5.  This  act  shall  take  effect  immediately. 


Clnapter  330. 

A'N  ACT  TO  Provide  for  the  Expense  of  Conducting 

Public  Elections. 

Approved  by  the  Governor  May  14,  1890.  Passed,  three-fifths  being 
present. 

The  People  of  the  State  of  Neio  York^  represented  in 
Senate  and  Assembly^  do  enact  as  follows  : 

Section  1.  The  appropriate  boards  or  other  public  bodies 
or  officers  authorized  by  law  to  make  appropriations  or  to 
provide  for  the  expenses  of  public  elections,  are  hereby 
authorized  and  empowered  to  make  such  additional  apjiro- 
priations  or  provisions  during  the  year  eighteen  hundred  and 
ninety  as  may  be  found  to  be  necessary  to  meet  such  expenses 
of  elections  as  are  made  by  law  a  charge  upon  their  respective 
counties,  cities,  towns  or  villages. 

§  2.  Such  approj^riations  may  either  be  included  in  the 
amount  to  be  raised  by  taxation  upon  the  property  real  and 
personal  within  the  county,  town,  city  or  village,  upon  which 
such  election  expenses  are  made  a  charge  by  law,  or  certifi 
cates  of  indebtedness  or  revenue  bonds  may  be  issued  or  sold 
at  not  less  than  their  par  value  in  order  to  provide  the  funds 
necessary  to  meet  such  expenses,  and  the  sums  requisite  to 
redeem  and  pay  the  same  shall  be  included  in  the  tax  levy  of 
the  ensuing  year. 

§  3.  This  act  shall  take  effect  immediately. 


Chap.  3.30. 


To  prevent 
fraud  in 
canvass,  etc. 


Repeal. 


Additional 
appropria¬ 
tions  may  be 
made. 


Moneys 
therefor, 
how  raised. 


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"■  ■  '>’  ■■'  •  '''■-'i  •«  ■ . 51tll 

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f'-v 


ri>.i 


fe* :;  aisMta^  •:  -  ^iv 


C‘ 

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V' 


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l<€?IW<Anv<.v''  " 

\  .’f7>  » V  *■ 

.,-•  'vv,-  _ 

■  -  r-,y  •  .S*-^  ‘  •  .; 


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»,  -  .1*  ;  y*''V  ■  '  >,  Z,  ' 


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Forms  and  Instructions 


[ For  filing  this  Certijicate,  see  section  8,  chapter  262,  Laws  1890.] 

Party  Convention  Certificate  of  Nomination  for  a  State,  Congressional,, 
Senatorial  or  Judicial  Office,  in  a  Division  or  District  greater  than  a 
County. 

To  the  Secretary  of  State,  Albany,  F.  Y.  : 

We  certify  that  at  a  convention  of  delegates  representing  the . 

party,  held . .  189..,  a  party  which,  at  the  last  preceding  election, 

polled  at  least  one  per  cent  of  the  entire  vote  cast  in  the . 

(State,  division  or  district.) 

for  which  the  nomination  is  made,  the  following-named  persons  were  placed  in 
nomination  for  offices  to  he  filled  at  the  next  ensuing  general  election  : 


Ofiice  to  be  filled. 

Name  of  the  candidate. 

/ 

Party  or  political 
principle  represented. 

Place  of  residence  of 
candidate.* 

(Signed.) 


Presiding  Officer  of  Convention. 
(Residence,  city  or  town,  street  and  number,  if  any.) 


Attest  : 


Secretary  of  Convention. 
(Residence,  city  or  town,  street  and  number,  if  any. 


STATE  OF  NEW  YORK, 
County  of . 


A  B  and  C  D,  being  severally  sworn,  each  for  himself,  says  that  the  said  A  B 
was  the  presiding  officer  of  the  convention  of  delegates  mentioned  and  described 
in  the  foregoing  certificate,  and  that  the  said  C  D  was  the  secretary  of  such  con¬ 
vention,  and  that  said  certificate  and  the  statements  therein  contained  are  true,  to 
the  best  of  his  knowledge  and  belief.  A  B. 

C  D. 

Severally  subscribed  and  sworn  to  before  ) 

me,  this . day  of . ,  189. .  1 

E  F., 

{Notary  Public  or  Justice  of  the  Peace.) 


*  If  in  a  city,  the  street  and  number  of  his  residence  and  place  of  business. 


60 


FoBJIS  AXB  lySTRUCTIONS. 


[^For  JiUng  this  Certificate,  see  section  8,  chapter  2C2,  Laws  1890.] 

Party  Cominittee  Certificate  of  Nomination  for  a  State,  Congressional, 
Senatorial  or  Judicial  Office,  in  a  Division  or  District  greater  than  a 
County. 

To  the  Secretary  of  State,  Albany,  F.  T.  : 

TT e  certify  that  at  a  meeting  of  the  (  . . . )  Committee  representing  the . 

part},  held . ,  189..,  a  party  which,  at  the  last  preceding  election, 

polled  at  least  one  per  cent  of  the  entire  vote  cast  in  the  State,  said  committee, 

acting  under  authority  of  the  following  resolution,  passed . ,  189.., 

at  a  convention  of  delegates  : 

(Ilere  insert  resolution  passed  by  convention.) 

placed  in  nomination  for  the  offices  to  be  tilled  at  the  next  ensuing  election  the 
following  named  persons  ; 


Office  to  be  filled. 

Name  of  the  candidate. 

Partj'  or  political 
principles  represented. 

Place  of  residence.* 

(Signed.) . 

Chairman  of . State  Committee, 

(Eesidence,  city  or  town,  street  and  number,  if  any.) 

Attest  :  . 

Secretary  of . State  Committee. 

(Residence,  city  or  town,  street  and  number,  if  any.) 

STATE  OF  NEW  YORK,  \ 

’  !-  ss.  : 

County  OF .  ' 

A  B  and  C  D,  being  severally  sworn,  each  for  himself,  says  the  said  A  B  is  the 
chairman  of  the  State  Committee  of  the. . . party  mentioned,  and  pre¬ 

sided  at  the  meeting  described  in  the  foregoing  certificate,  and  that  the  said  C  D 

is  the  secretary  of  the  State  Committee  of  the . party  mentioned,  and 

acted  as  secretarv  at  the  meeting  described  in  said  certificate,  and  that  said  cer- 
tificate  and  the  statements  therein  contained  are  true,  to  the  best  of  his  knowledge 
and  belief.  A  B. 

C  D. 

Severally  subscribed  and  sworn  to  before  ) 

me,  this . dav  of . 189.  ^ 

E  F, 

{Xotary  Public  or  Justice  of  the  Peace.) 

Note.  —  The  above  form  of  certificate  can  be  used  in  committee  nominations  in  divisions  less 
than  a  State. 


*  If  in  a  city,  the  street  and  number  of  his  residence  and  place  of  business. 


For:)is  and  Ixstructioxs, 


61 


{For  fiUng  this  Certificate,  see  section  8,  chapter  262,  Facs  1890.] 

Nomination  Certificate  for  any  Office,  when  made  Otherwise  than  by  a 
Convention,  Committee  or  Primary  Meeting,  Pursuant  to  Section  5. 

To  the  Secretary  of  State,  Albany,  3.  I".  .* 

"\Ve,  the  undersigned,  duly  qualified  voters  of  the  State  of  New  York,  at  a 

meeting  held . .  189. .,  in  accordance  with  the  provisions  of  chapter  262 

of  the  Laws  of  1890,  hereby  make  the  following  nomination  for  ofiices  to  be  filled 

at  the  next  ensuing  election  in  the . 

(State  district  or  election  division.) 


i 

Office  to  be  filled.  ^  Name  of  the  candidate. 

t 

Political  name  which 
signers  select.* 

Place  of  residence 
of  the  man  nominated,  t 

. 

And  we  do  designate  and  appoint 


(Name,  residence  and  place  of  business.) 

to  represent  the  signers  of  this  certificate  for  the  purposes  set  forth  in  section  17 
of  chapter  262  of  the  Laws  of  1890. 

(Name.) . 

(Residence.) . 

(Give  city  or  town,  street  and  number,  if  any.) 


Signatures. ^ 

Eesidences,  town  or  city,  street  and  street 
number,  if  any. 

*  Not  more  than  five  words  to  be  used. 

t  If  in  a  city,  also  the  street  and  number  of  residence  and  place  of  business. 

X  As  to  the  number  of  names  to  be  signed  to  this  certificate,  see  section  5,  chapter  262,  Laws  1890. 


62 


Forms  amd  Ixstructioxs. 


Acknowledgment  and  Afiddavit  of  each.  Signer  to  be  Annexed  to  the 

Certificate  signed  by  him. 

STATE  OF  XEW  YORK,  i  . 

County  of .  > 

Ou  this . day  of . 189. before  me,  personally  appeared 

A  B,  to  me  known  to  be  one  of  the  persons  described  in  and  who  signed  the  fore¬ 
going  certificate  and  acknowledged  that  he  signed  the  same,  and  the  said  A  B, 

being  by  me  duly  sworn,  deposes  and  says  that  he  is  a  voter  in  the . 

of . in  said  county,  and  that  he  has  truly  stated  his  residence  in  his 

statement  of  his  place  of  residence  added  to  his  said  signature. 

AB. 

Acknowledged,  subscribed  and  sworn  to  ) 
before  me,  this. . .  .day  of. . . .,  189. .  ^ 

EF, 

{Xotary  Public,  or  Justice  of  the  Peace.) 

Note.  — It  is  not  necessary  that  each  signer  should  acknowledge  separately.  All  or  any  number 
may  he  included  in  one  acknowledgment  and  affidavit. 


\For  filing  this  Certificate,  see  section  8,  chajoter  262,  Laws  1890.] 

Convention  Certificate  of  Nomination  for  a  Candidate  Voted  for  by  the 
Voters  of  only  one  County  or  a  Portion  of  a  County. 


To  the  County  Clerk  of . County,  State  of  Few  York: 

Ys  e  certify  that  at  a  convention  of  delegates  representing  the . 

party,  held . ,  189. .,  a  party  which,  at  the  last  preceding  election,  polled 

at  least  one  per  cent  of  the  entire  vote  cast  in . 

(Name  county  or  election  division.) 

for  which  the  nomination  is  made,  the  following  named  persons  were  placed  in 
nomination  for  offices  to  be  filled  at  the  next  ensuing  election  : 


Office  to  he  filled. 

Name  of  the  candidate. 

Party  or  political 
principle  represented. 

Place  of  residence  of 
candidate.* 

. 

. 

(Name.) 


Presiding  Officer  of  Contention. 


(Hesidence,  city  or  town,  street  and  number,  if  any.) 

Attest  :  . 


Secretary  of  Contention. 


(Residence,  city  or  to^^•n,  street  and  number,  if  any.) 


*  If  in  a  city,  the  street  and  number  of  his  residence  and  place  of  business. 


Forms  and  Instructions, 


63 


STATE  OF  NEW  YORK, 
County  of  . 


A  B  and  C  D,  being  severally  sworn,  each  for  himself,  says  that  the  said  A  B 
was  the  presiding  officer  of  the  convention  of  delegates  mentioned  and  described 
in  tlie  foregoing  certificate,  and  that  the  said  C  D  was  the  secretary  of  such  conven¬ 
tion,  and  that  said  certificate  and  the  statements  therein  contained  are  true,  to  the 
best  of  his  knowledge  and  belief, 

A  B. 

Severally  subscribed  and  sworn  to  before  )  C  D. 

me  this . day  of . .  189. .  ^ 

E  F, 

{Notary  Public  or  Justice  of  the  Peace.) 


\^For  fling  this  Certificate,  see  section  38,  chapter  262,  Laws  1890,] 
Certificate  of  Nomination  for  a  Ward,  Town  or  Village  Office. 

To  the  ( Town  or  City)  C  lerk  of . 

We  certify  that  at  a  primary  meeting  of  the  voters  of  the . party, 

held . ,  189. .,  a  party  which,  at  the  last  preceding  election,  polled 

at  least  one  per  cent  of  the  entire  vote  cast  in . 

(Name  of  ward,  town  or  village.) 

the  following  named  persons  were  placed  in  nomination  for  the  offices  to  be  filled 

at  the  next  ensuing  election  in  the . . 

(^ullage,  ward  or  town.) 


Office  to  be  filled. 

Name  of  the  candidate. 

Party  or  political 
principle  represented. 

Place  of  residence 
of  candidate.* 

(Name.) . 


Presiding  Officer. 

(Residence  and  address.) 


Attest : 


(Residence  and  address.) 


Secretary. 


♦If  in  a  city,  the  street  and  number  of  his  residence  and  place  of  business. 


64 


Forms  axd  Ixstructioxs. 


STATE  OF  NEW  YORK,  ) 

’  r  ss.  : 

County  of .  ) 

A  B  and  C  D,  being  severally  sworn,  each  for  himself,  says  that  the  said  A  B 
was  the  presiding  officer  of  the  primary  meeting  mentioned  and  described  in  the 
foregoing  certificate,  and  that  the  said  C  D  was  the  secretary  of  said  primary 
meeting,  and  that  said  certificate  and  the  statements  therein  contained  are  true,  to- 
the  best  of  his  knowledge  and  belief. 

A  B. 

Severally  subscribed  and  sworn  to  before  }  C  D. 

me,  this . day  of . .  189. .  ^ 

E  F, 

{Notary  Public  or  J ustice  of  the  Peace.) 


Form  of  Printed  Poster  or  List  to  be  sent  by  County  Clerk  to  each. 
Town  Clerk  or  Alderman  in  County  or  City. 

[Same  to  be  posted  by  Town  Clerk  or  Alderman  in  election  districts.  Posting  of  same  not 
required  in  any  city  where  publication  of  same  has  been  made  in  two  or  more  daily  papers.] 

To  the  {Town  Clerk  oi'  Alderman)  of  {Town  of. . or . Ward  of . )  .• 

Please  take  notice  that  the  following  named  persons  have  been  nominated  as 
candidates  for  office,  to  be  voted  for  at  the  next  ensuing  election  to  be  held  in  your 
(town  or  ward)  on . ,  189. .,  as  follows: 


Name  of  the  candidate. 

Place  of  residence.* 

Office  to  be  filled. 

Party  or  political 
principles  representing. 

. 

(Signed) 


Clerk  of . County. 


*  If  in  a  city,  the  street  number  of  residence  and  place  of  business. 


I 


I'oiiJis  AND  Instructions.  65 

\ 

r 

.  List  of  Nominations  to  be  Published  by  County  Clerk. 

\  To  the  Voters  of  { . county) : 

I 

»  The  followinsr  is  a  true  and  correct  list  of  all  nominations  to  office  certified  to 

'  O 

[  me  pursuant  to  the  provisions  of  chapter  2C2  of  the  Laws  of  1890. 


Name. 

Residence.* 

Office  to  be  filled. 

Party  designating 
candidate. 

(Signed.) 


Clerk  of. . County. 


\FoTm  of  card  to  he  prepared  and  printed  in  one  or  more  languages  by  County 

Clerks,  to  he  distributed  in  each  voting  district  and  hung  in  each  voting  booth 

election  day.'] 

\ 

Instructions  for  the  Guidance  of  Voters. 

A  full  set  of  ballots  may  be  obtained  by  a  voter  of  the  ballot  clerks,  at  the  polls 
of  the  election  on  election  day,  upon  the  voter  announcing  his  name  to  the  elec¬ 
tion  officers.  On  receiving  his  ballots  the  voter  shall  forthwith,  and  without 
leaving  the  inclosed  space  about  the  polls,  retire  alone  to  one  of  the  voting  booths 
and  prepare  his  ballot,  remaining  in  the  booth  three  minutes.  If,  by  reason  of 
physical  disability,  he  is  unable  to  prepare  his  ballot  without  assistance,  and  so 
declares  under  oath  to  the  inspectors  of  election,  he  may  bring  with  him  into  the 
voting  booth  a  person  of  his  own  selection  to  assist  him  in  the  preparation  of  his 
ballot.  He  may  vote  the  ballot  as  printed,  or  write  or  paste  upon  it  the  name  of 
any  person  for  whom  he  desires  to  vote  for  any  office.  He  may  also  take  with  him. 
into  the  booth  a  printed  paster  ballot  of  his  own  selection  or  prepa.ration,  containing 
the  names  of  all  the  offices  to  be  filled  and  of  the  candidates  therefor  for  whom  he 
desires  to  vote  ;  and  he  may  paste  such  ballot  on  any  of  the  official  ballots  below  the 
stub.  The  paster  ballots  must  be  of  white  paper,  printed  in  type  uniform  with 
the  official  ballot,  and  so  attached  to  the  official  ballot  that  when  the  ballot  is 
folded  no  portion  of  the  paster  shall  be  visible.  If  the  voter  spoils  any  one  of  a 
set  of  ballots  in  the  preparation  of  his  ballot,  he  maj’’  receive  another  full  set  of 
ballots  from  the  ballot  clerks  by  returning  to  them  the  set  of  ballots  containing 
the  spoiled  ballot ;  but  not  more  than  four  full  sets  can  be  thus  obtained.  After 
preparing  his  ballot,  and  before  leaving  the  booth,  the  voter  must  fold  all  the 
ballots  of  the  set  by  folding  :  First.  Lengthwise,  up  to  the  perforated  line 


*  If  in  a  city,  state  street  number  of  residence  and  place  of  business. 


5 


66 


Forms  and  Instructions. 


across  the  top.  Second.  Then  folding  crosswise,  in  such  a  way  that  the  contents 
of  the  ballot  shall  be  concealed,  and  the  stubs  removed  without  exposing  any  of 
the  contents.  He  shall  then  deliver  the  ballot  which  he  desires  to  vote  to  the 
inspectors  of  election,  who  after  removing  the  stub,  shall  deposit  the  same  in  the 
ballot-box ;  and  the  voter,  after  having  thus  voted,  shall  then  deliver  to  the 
inspectors  the  remainder  of  the  set  of  ballots  delivered  to  him  by  the  ballot 
clerk,  and  not  voted.  No  voter  can  remain  in  a  voting  booth  longer  than  ten 
minutes. 

§  32.  No  person  shall  (1)  falsely  make,  or  make  oath  to,  or  fraudulently  deface, 
or  fraudulently  destroy  any  certificate  of  nomination,  or  any  part  thereof;  or  (2)  file 
or  receive  for  filing  any  certificate  of  nomination  knowing  the  same  or  any  part 
thereof  to  be  falsely  made  ;  or  (3)  suppress  any  certificate  of  nomination  which  has 
been  duly  filed,  or  any  part  thereof ;  or  (4)  forge  or  falsely  make  the  official  indorse¬ 
ment  of  any  ballot.  Every  person  violating  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be  punished 
by  imprisonment  in  state  prison  not  less  than  one  year  nor  more  than  five  years. 

§  33.  No  person  shall,  during  the  election,  remove  or  destroy  any  of  the  supplies 
or  other  conveniences  placed  in  the  booths  or  compartments  for  the  purposes  of 
enabling  the  voter  to  prepare  his  ballot,  nor  shall  any  person  prior  to  or  on  the  day 
of  election  deface  or  destroy  any  list  of  candidates  posted  in  accordance  with  the 
provisions  of  this  act.  No  person  shall,  during  an  election,  remove,  tear  down  or 
deface  the  cards  printed  for  the  instruction  of  voters.  Every  person  willfully 
violating  any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor. 

§  35.  No  person  shall  do  any  electioneering  on  election  day  within  any  polling 
place,  or  in  any  public  street  or  room,  or  in  a  public  manner,  within  one  hundred 
and  fifty  feet  of  any  polling  place.  No  person  shall  remove  any  official  ballot  from 
any  polling  place  before  the  closing  of  polls.  No  person  shall  show  his  ballot, 
after  it  is  prepared  for  voting,  to  any  person,  in  such  a  way  as  to  reveal  the 
contents,  nor  shall  any  person  solicit  the  voter  to  show  the  same;  nor  shall  any 
person  (except  an  inspector  of  election),  receive  from  any  voter  a  ballot  prepared 
for  voting.  No  voter  shall  receive  an  official  ballot  from  any  other  person  than 
one  of  the  ballot  clerks  having  charge  of  the  ballots,  nor  shall  any  person  other 
than  such  ballot  clerks  deliver  an  official  ballot  to  such  voter.  No  voter  shall  place 
any  mark  upon  his  ballot  by  means  of  which  it  can  be  identified  as  the  one  voted 
by  him.  Every  voter  who  does  not  vote  or  deliver,  in  the  manner  hereinbefore 
and  in  section  twenty-five  of  this  act  provided,  the  ballots  received  by  him  from 
the  ballot  clerk,  shall,  before  leaving  the  polling  place  or  going  outside  the  guard 
rail,  return  each  such  ballot  to  the  ballot  clerks.  Whoever  shall  violate  any  jDro- 
vision  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor.  But  nothing 
herein  contained  shall  prevent  any  person  from  receiving  or  delivering  an 
unofficial  sample  ballot,  or  from  receiving,  delivering  and  voting  an  unofficial 
ballot  in  the  contingencies  provided  against  by  section  twenty-one  of  this  act. 


Forms  amd  Iisstructioms. 


67 


Acceptance  of  Nomination. 

To  the  {Secretary  of  State  or  County  Clerk  of . County') : 

Sir.  — Please  take  notice  that  I  accept  the  nomination  for  the  office  of . 

tendered  me  by  the  (convention,  primary  or  voters)  of  the . party, 

held  at . or . 189. . 

Dated . 

Respectfully,  etc. 


Certificate  of  Appointment  of  Ballot  Clerks. 

'We  certify  that  we  have  this  day  appointed  A  B  and  C  D,  two  of  our  number,  to 
serve  as  Ballot  Clerks  at  this  poll  during  the  election  this  day.  A  B  representing 
the  inspectors  elected  and  C  D  the  inspectors  appointed. 

(Signed.) . 


Dated .  Inspectors  of  Election . 


Oath,  of  Office  Prescribed  by  Law  for  Elected  Inspectors  of  Election. 

I  do  solemnly  swear  that  I  will  support  the  Constitution  of  the  United  States, 
and  the  Constitution  of  the  State  of  New  York,  and  that  I  will  faithfullv  dis- 

charge  the  duties  of  the  office  of . 

according  to  the  best  of  my  ability. 

And  I  do  further  solemnly  swear  that  I  have  not,  directly  or  indirectly,  paid, 
offered  or  promised  to  pay,  contributed,  or  offered  or  promised  to  contribute,  any 
money  or  other  valuable  thing,  as  a  consideration  or  reward  for  the  giving  or 
withholding  a  vote  at  the  election  at  which  I  was  elected  to  said  office,  and  have 
not  made  any  promise  to  influence  the  giving  or  withholding  any  such  vote. 

(Signed.) . 

Subscribed  and  sworn  before  me,  ) 
this . day  of . 189..  > 


Inspector  of  Election. 


Oath,  of  Office  Prescribed  by  Law  for  Appointed  Inspectors  of  Election, 

Ballot  Clerks  and  Clerks  of  Election. 

I  do  solemnly  swear  I  will  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  the  State  of  New  York,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  (Inspector  of  Election  or  Ballot  Clerk,  or  Clerk  of  Election) 
according  to  the  best  of  my  ability. 

(Signed.) . . 

Subscribed  and  sworn  to  before  me,  ) 
this . day  of . 189.. 


Inspector  of  Election. 


68 


Forms  and  Instructions. 


Oath,  to  be  Administered  by  Inspectors  of  Election  to  Voters  Unable, 
by  Reasons  of  Physical  Disability,  to  Prepare  their  Ballots. 

You  do  solemnly  swear  and  declare  that,  by  reason  of  physical  disability,  you  are 
unable  to  prepaie  your  ballot  to  be  voted  at  this  election  without  assistance,  and 
you  have  selected  iNI . . to  assist  you  in  the  preparation  of  your  ballot. 


[Jh  he  jiUd  with  County  Clerk,  or  officer  or  hoard  which  prepared  the  ballots  toted. ^ 

Ballot  Clerks’  Certificate  of  Ballots  Cast. 

This  is  to  certify  that  at  the . election,  held  at  the . district  poll  in 

the  Town  of . ,  County  of . ,  on . ,  189  the  whole  number 

of  ballots  of  each  kind  voted,  were 

(Democratic  or  other  party) . 

(Republican  or  other  party) . 

(Prohibition  or  other  party) . 

(Equal  Rights  or  other  party) . 

Total . 

The  number  of  ballots  of  each  kind  delivered  to  voters  were 

(Democratic) . 

(Republican) . 

( . ) . 

( . ) .  . 

Total . 

The  number  of  spoiled  ballots  of  each  kind  returned  : 

(Democratic) . 

(Republican) . . 

( . ) . 

( . ) . 

Total . 

The  number  of  ballots  of  each  kind  not  delivered  to  voters: 

(Democratic) . 

(Republican) . 

( . ) . 

( . ) . 


Total 


Forms  and  Ixstructions. 


69 


The  number  of  detached  stubs  returned  by  voters: 
.  Total . 

(Signed.) . .  . 


Dated 


Ballot  Clerks. 


Town  Clerks  or  City  Clerks  Receipt  for  OflS.cial  Ballots  Received  from 

County  Clerk. 


Received  of . Clerk  of . county, 

One  package  of  official  ballots,  containing . ballots  ( . party . ) 

One  package  of  official  ballots,  containing . ballots  ( . party . ) 

One  package  of  official  ballots,  containing . ballots  ( . party . ) 


Dated 


Signed 


{Town  or  City)  Clerk. 


Election  Inspector’s  Receipt  for  Official  Ballots  Received  from  Town  or 

City  Clerk. 

Received  of . (city  or  town)  Clerk . 

One  package  of  official  ballots,  containing . ballots  ( . party . ) 

One  package  of  official  ballots,  containing . ballots  ( . party . ) 

One  package  of  official  ballots,  containing . ballots  ( . party . ) 


Dated 


Signed 


Inspectors  Election. 
List.  Poll  {Town  or  City). 


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IXDKX 


TO 


Ballot  Reform  Law. 


A. 


Acknowledgment  and  Affidavit.  page. 

form  of,  for  signers  to  certificates .  62 

Aldermen:  ’ 

list  of  candidates  sent  to .  16 

posting  of,  by .  16 

Appointment: 

ballot  clerks . 23,  24 

inspectors .  36 

poll-clerks .  36 

Ballot-boxes: 

arrangement  of . 24 

ballots  cast  for  candidates,  box  for .  21 

ballots,  how  deposited  in .  27 

distance  between,  and  guard-rail .  25 

expense  of  providing .  25 

furnishing  of .  25 

unvoted  ballots,  box  for .  27 

Ballot  Clerks: 

ballots  placed  in  charge  of .  25 

designation  and  appointment  of . 23,  24 

duties  of .  25 

form  for  appointment  of . . .  67 

certificates  by .  68 

oath  of .  67 

record  of  ballots  delivered  by .  25,  28 

spoiled  ballots,  replacing  of,  by. . .  28 

statement  by,  accounting  for  ballots .  28 

vacancies  in  office  of .  23 

Ballots: 

county  clerk  to  provide .  18 

when  to  be  in  possession  of  .  18 


72  Index  to  Ballot  Reform  Law. 

Ballots  —  Continued.  page. 

defective  ballots,  marking  and  preservation  of .  30 

delivery  of,  penalty  for  neglect .  31 

destroying  or  suppressing . 31 

kinds  of  ballots .  19 

official  ballots .  19 

canvass  of . 30 

contents  of  . . . . 19 

delivery  of,  to  town  and  city  clerks .  21 

errors  and  omissions  in,  correction  of .  21 

expense  of  printing  and  distribution .  11 

folding  of,  by  voter .  27 

form  for .  20 

furnishing  of,  by  town  and  city  clerks .  22 

indorsement  on  . . . 20 

forging . .  31 

names  of  local  candidates  on .  20 

names  of  office  only  on . 18 

when  only  printed  on .  20 

names  on,  approval  of . . . .  . .  19 

number  to  be  furnished  election  districts .  21 

paper  and  ink  for .  20 

preparation  of,  by  voter .  26 

receipts  for  delivery  of .  22 

form  for .  69 

receiving  and  depositing  by  inspectors . 27 

record  of  ballots  delivered  to  voter .  25,  28 

removal  of,  from  polling  places .  32 

showing  of,  after  preparation  by  voter .  32 

size . 20 

style  of  printing .  19 

stub  of .  19 

stubs  of,  how  numbered . 20 

paster  ballots,  use  of .  26 

receipts  for  delivery  of .  22 

form  for .  69 

sample  ballots . 18,  19 

use  of .  27 

when  printed  and  in  possession  of  clerk .  18 

spoiled  ballots,  replacing  and  preserving  of .  28 

unofficial  ballots,  preparation  of,  by  voter. .  .  .  28 

use  of . 

unvoted  ballots,  delivery  of,  to  inspectors . 

disposal  of .  . 

preservation  of . 


Index  to  Ballot  Reform  Law.  73 

Ballots  —  Continued.  page. 

unvoted  ballots,  statement  as  to .  28 

stubs  of .  28 

preservation  of .  28 

where  kept  at  elections .  25 


Booths; 

See  “Voting  Booths.” 
Brooklyn; 


ballot-boxes  in,  who  to  provide .  25 

ballots  in,  preparation  and  distribution  of .  33 

booths,  etc.,  in,  who  to  provide .  25 

nominations  other  than  by  party  organizations  in .  13 

Candidates; 

list  of,  defacing,  etc . 31 

errors  in,  correction  of .  21 

form  for .  64 

posting  of .  16 

publication  of .  15 

form  for .  65 

sent  to  aldermen  and  town  clerks .  16 

local  candidates,  names  of,  on  ballots  . . .  20 

names  of,  on  ballots .  29 

nomination  of . 12,  13 

See,  also,  “Nominations.” 

Canvass  of  votes : 

order  and  manner  of  canvassing .  30 

Cards  of  Instruction; 

defacing,  etc.,  penalty  for .  31 

how  provided .  30 

posting  of .  30 

printing  and  contents  of .  30 

Challenges : 

on  application  for  ballots .  26 

when  offering  vote .  26 

Challengers : 

provision  for .  26 

City  Clerk  ; 

ballots,  delivery  of,  to .  21 

distribution  of,  by,  on  election  day .  22 

preparation  and  furnishing  of,  by . . .  22 

receipts  for,  form  of .  69 

to  give .  22 

compensation  for  services .  35 

duties  of,  clerks  of  common  councils  to  perform .  35 


PAGE, 


74  Index  to  Ballot  Reform  Law. 


Constitutional  Amendments ; 

publication  of  questions  to  be  submitted  by . . . . . . .  18 

Corporations  : 

refusal  by,  of  grant  of  absence  to  employes . . .  . .  32 

County  Clerks  : 

ballots,  delivery  of,  by,  to  town  and  city  clerks .  21 

number,  to  be  furnished  districts  by . .  .  21 

providing  and  printing,  duty  of,  as  to .  18 

cards  of  instruction,  to  provide .  .  30 

certificates  of  nominations,  filed  with . 12,  14 

compensation  of,  for  services . . .  35 

constitutional  amendments,  duty  of,  as  to .  J8 

errors  and  omissions,  correction  of ,  by .  .  21 

list  of  candidates,  sent  by,  form  for . . . . .  64 

to  furnish  aldermen  and  clerks .  10 

nominations,  certain,  certified  to . 16,  18 

list  of,  form  for . . . . . .  65 

publication  of,  by .  15 

receipts  for  ballots  delivered,  filed  with . 


Decimation : 

nominations  when  void  by .  10 

notice  of  declination  of  nomination .  .  16- 

Election  Districts  ; 


alteration  of . . .  25 

ballots  for,  number  of .  21 

Electioneering : 

restrictions  on,  near  polling  places . .  32 


Electors  : 

See  "Voters.” 

Errors  and  Omissions ; 


correction  of .  21 

Employes ; 

entitled  to  absence  for  voting .  32 

Employers : 

refusal  of  grant  of  absence,  etc.,  to  employes,  penalty  for .  32 


Forms :  ^  • 

acknowledgment  and  affidavit .  62 

ballot  clerks,  appointment  of . . .  67 

certificates  of,  as  to  ballots  cast .  68 


Index  to  Ballot  Reform  Law. 


75- 


Forms  —  Continued.  page. 

certificates  of  nominations  by  party  conventions .  59,  60,  6^ 

other  than  by  party  conventions,  etc .  61 

list  of  nominations  to  be  published .  66 

nominations,  acceptance  of .  67 

oath  of  ballot  clerk .  67 

clerks  of  elections .  67 

disabled  voters .  68 

inspectors  of  election  ....  .  67 

poster  or  list  sent  to  town  clerk  or  aldermen .  64 

receipt  for  ballots  received  from  county  clerks .  69 

received  by  inspectors .  69 

Fulton  and  Hamilton  Counties  *. 

member  of  assembly  of,  certificate  of  nomination  of .  12 

nominations  other  than  party  organizations  in . 13 


Guard-rail : 

admission  within,  regulated 

expense  of  providing . 

how  constructed  and  placed 


Inspectors:  -*-• 

appointment  of .  ...  .  36 

ballot  clerks,  designation  and  appointment  of ,  by .  23,  24 

ballots,  not  to  deposit  certain .  29 

receiving  of  ballots  by . . . . .  27 

challenge  of  applicant  for  ballots,  proceedings  before .  26 

duty  of .  ...  28 

election  of .  .  35 

form  for  oath  of .  . .  67 

number  of .  23 

vacancies  in  office  of .  23- 

Kings  County: 

nominations  other  than  by  party  organizations  in .  13- 

Newspapers: 

selection  of,  for  publication  of  list  of  nominations . . .  15 

New  York  City: 

ballot  boxes  in,  who  to  provide .  25 

ballots  in,  preparation  and  distribution .  33 

booths,  etc.,  in,  who  to  provide . . .  25 

nominations  other  than  by  party  organizations  in .  13 

senator  of  fifth  senate  district,  certificate  of  nomination  of,  filed  in .  13 


Gr. 

.  24 

.  25 

.  25 


Index  to  Ballot  Reform  Law. 


76 

Nominations: 

acceptance  of,  form  for . 

certificates  of,  by  party  organizations. . . . 

by  voters . . 

defacement  of . . . . . 

falsely  made,  filing  and  receiving  of 

filing  of . . 

time  for . 

forms  for . .  . 

names  on,  restricted . 

objections  to  validity  of . 

preservation  of .  . 

siffnins:  of,  restricted . 

suppression  of  duly  filed . 

validity  of .  . , 

declination  of . . 

list  of,  publication  of . 

form  for . . . 

party  organizations,  may  make . 

town  and  village  officers,  how  made. . .  . 

vacancies  in,  how  filled . . 

voters,  may  make . . 


PAGE. 

.  67 

.  12 

. .  13 

.  30 

.  30 

.  12 

.  14 

59,  60,  61,  62,  63 

.  14 

.  17 

.  14 

.  14 

.  30 

.  17 

.  16 

.  15 

.  .  65 

.  11 

.  33 

.  17 

.  13 


Tasters*. 


See  “  Ballots.” 

Penalties ; 

for  violations  of  act . 30,  31,  32 

Poll  Clerk: 

appointment  of . 36 

form  for  oath  of  . . . . .  67 

number  on  stubs,  to  note .  25 

oath  of  disabled  voters,  to  note .  29 

voters’  names,  noted  and  numbered  by .  25 

Polling  Places: 

arrangement  of . 26 

ballot-box  for .  21 

electioneering  in,  prohibited .  32 

not  to  be  within  150  feet  of . 32 

guard-rail  at  .  24 

voting  booths  at . 24 

See,  also,  “Voting  Booths.” 

Public  Officers; 

neglect  of  duty  by,  penalty  for .  31 


lyDEX  TO  Ballot  Reform  Law. 


Richmond  County: 


R. 


senator  of  fifth  senate  district,  certificate  of  nomination  of,  where  filed. . .  13 


Secretary  of  State: 

certificates  of  nomination,  filing  of,  with . 

preservation  of,  by . . . . 

constitutional  amendments,  duty  of,  as  to . 

nominations,  certification  of,  by . 

vacancies  in,  duty  of,  as  to . 

Supreme  Court: 

validity  of  certificates  of  nomination,  order  of,  as  to 

Town  Clerks:  T. 

ballots,  delivery  of,  to . . 

distribution  of,  by,  on  election  day . 

preparation  and  furnishing  of,  by . 

receipts  for,  to  give . 

form  of . . 

compensation  of,  for  services . 

list  of  candidates,  posting  of ,  by . 

sent  to . 

Town  Elections: 

application  of  act  to . 

Vacancies:  "V, 

inspectors . 

nominations,  how  filled . 

Village  Elections: 

application  of  act,  as  to . 

Voters: 

announcement  of  name  bv,  to  officers . 

assistance,  not  to  receive,  unless,  etc . 

ballots,  delivery  of ,  to . 

folding  of,  by . : . 

marks  on,  not  to  place . 

preparation  of,  by . 

reception  of,  by,  from  ballot  clerk  only . 

showing  of,  prepared  by . 

booths,  occupancy  of,  by . 

challenge  of,  upon  application  for  ballots . 

disabled  voters,  assistance  for . . . 

assistants  to,  not  to  influence  . 

not  to  divulge  name . 

oath  of,  form  for . 


.  12,  14 
,  .  14 

...  18 
...  15 

...  17 


17 


22 

22 

22 

22 

69 

35 

16 

16 

33 


24 

17' 


25- 

29 


. . .  26 
. . .  27 
. . .  32 

26,  29 
...  32 
...  32 
. . .  28 
. ..  26 
...  29 
. . .  29 
. . .  29 
...  6S 


78  Index  to  Ballot  Reform  Law. 

Voters  —  Continued.  page. 

employes,  entitled  to  absence  for  voting .  32 

manner  of  voting  by . 25,  27 

names  voted  by,  revealing  of .  31 

not  to  divulge .  29 

paster  ballots,  may  use .  26 

spoiled  ballots  . . . .- .  28 

unofficial  ballots,  preparation  of,  by .  28 

unvoted  ballots,  to  return . .  27,  32 

Votes: 

canvass  of .  30 

See,  also,  “Ballots.” 

Voting  Booths: 

arrangement  of .  24 

construction  of . 24 

expense  of  providing .  25 

guard-rail,  how  placed  in  reference  to .  24 

New  York  and  Brooklyn .  25 

number  of .  25 

supplies  for .  24 

destroying .  31 

who  to  provide .  24 

Watchers 

revealing  names  voted,  penalty  for .  31 


INDEX 

TO  THE 

General  Registration  Law,  Corrupt  Practices  Law,  Etc. 


Bets  or  Wagers :  Page. 

prohibited .  39 

Board  of  Registry: 

appointment  of  electors,  in  place  of  members  of .  43 

challenges,  to  entertain .  46,  49 

clerk  of  board .  49 

compensation  of  members .  49 

correction  of  lists  by,  how  compelled .  47 

duty  of,  in  new  districts .  46 

in  preparation  of  lists .  44 

erasure  of  names  on  lists  by .  47 

meetings  of .  42 

meetings  of,  public .  49 

Saturday  half-holiday  not  to  affect .  51 

when  held  . . .  43 

new  districts,  duty  of  boards  of .  46 

oath,  when  to  administer,  to  applicant  .  47 

oaths,  etc.,  may  administer .  50 

order  at  meetings,  powers  of,  to  preserve .  49 

organization  of .  43 

placing  of  names  on  list  of  voters  by .  44 

stationery,  etc.,  for .  49 

vacancies,  manner  of  filling .  43 

Bribery; 

acceptance  of  bribes .  38 

conviction  of,  effect  of .  41 

forbidden  at  elections  . ’ .  37 

offenders  against  provisions  as  to,  competent  witnesses .  41 

punishment  for .  41 

what  constitutes .  37 

Brooklyn  ; 

general  registry  law  not  applicable  to .  ...  42 

registration  act  amended . 52 


80 


Index  to  General  Registration  Law^  etc. 


Candidates :  page. 

expenses  of,  statements  of,  to  be  filed,  etc .  40 

refusal  to  file,  penalty  for .  41^ 

Challenge  ; 

oath  to  be  taken  upon,  at  elections .  4g 

of  applicant  for  registry .  45 

of  persons  on  list  of  voters . .  4g 

right  of  persons  to  challenge . . .  4g 

word  “challenge,”  when  to  be  placed  opposite  name .  48 

Cities  : 

boards  of  registry  in,  meetings  of .  42 

list  of  voters,  how  prepared  in  ... .  .  44 

Corporations : 

forfeiture  of  charter  of .  40 

influencing  voters,  etc.,  by,  prohibited . .  40 

pay  envelopes,  use  of,  by,  to  influence  voters,  prohibited .  39 

Comity  Clerk; 

convictions  for  bribery,  duty  as  to .  41 

registration  act  and  blanks,  distribution  of,  by .  51 

statement  of  election  expenses  filed  with .  40 

Election  Expenses; 

provision  for  payment  of,  by  counties,  etc.,  in  1890 .  57 

statement  of,  by  candidates .  40 

filing  of .  40 

refusal  to  file,  penalty  for .  41 

Election  Laws; 

certain,  repealed .  51 

certain,  not  affected .  51 

pending  actions  under,  prosecution  of .  52 

when  to  take  effect .  52 

'Elections ; 

challenges  at .  48 

bribery  forbidden  at .  39 

bets  or  wagers  on,  prohibited .  39 

Elective  Franchise; 

crimes  against,  defined .  42 

interference  with  free  exercise  of,  prohibited .  37 

Electors; 

information  to  be  given  by .  49 

may  challenge .  49 

statement  required  of,  at  registration .  48 

See,  also,  “Voters,” 


Index  to  General  Registration  Law^  etc. 


81 


Employes:  page. 

influencing  of,  by  use  of  pay  envelopes,  etc.,  prohibited .  39' 

Employers : 

pay  envelopes,  use  of  by,  to  influence  voters,  etc.,  prohibited .  39 

bills  or  placards,  posting  of  certain  by,  prohibited .  39 

Inspectors  of  Election: 

board  of  registry,  to  constitute .  42 

challenges,  duty  of  as  to .  48 

checking  of  names,  by .  48 

oaths,  etc.,  may  administer .  50 

original  register  of  voters,  to  have,  at  elections . ;  .  48 

statements  may  be  required  by . .  .  48 

Goneral  Registry  Law: 

completed  list  of  voters,  known  as .  44 

violations  of,  penalties  for .  50 

when  not  applicable .  42 

when  to  take  effect .  52 


Liquors: 

not  allowed  at  place  of  registrj^ .  43 

not  allowed  at  polling-place .  44 

List  of  Voters: 

arrangement  of,  for  additional  names .  45 

certifl  cation  of . 45 

copies  of,  members  of  board  of  registry  to  retain .  46 

to  be  posted .  46 

correction  of,  how  compelled .  47 

custody  of .  46 

erasures  of  names  from . 47 

form  of .  45 

placing  of  names  thereon .  44 

preparation  of .  44 

See,  also,  “Register  of  Voters.” 


Oaths :  O. 


administering  of .  50 

Pay  Envelopes  :  p*, 

use  of,  prohibited .  39 

Penalties : 

for  violations  of  corrupt  practices  act  .  41 

general  registry  act  .  50 

6 


PAGE. 


82  Index  to  General  Registration  Law,  etc. 
Placards : 

posting  of,  in  factories,  etc . 

Poll  Clerks : 

entries  on  lists  by . 

Poll  Lists : 

certified  copies  of,  when  delivered  to  board . 


delivery  of  lists  of  preceding  election  to  registry  board .  46 

entries  in .  4g 

‘  Polling  Places  : 

not  to  be  where  liquors  are  sold,  etc .  44 

spirituous  liquors  not  to  be  sold  at .  44 


Registry,  Boards  of: 

See  “Boards  of  Registry.” 

Registry  Acts: 

certain,  not  affected .  51 

repealed .  51 

pending  actions  under,  prosecution  of .  52 

See,  also,  “  General  Registry  Law,” 

Register  of  Voters: 

accessible  to  public .  49 

certified  copies  of,  filed .  48 

checking  names  on .  48 

filing  of .  48 

list  of  voters,  when  completed,  known  as .  44 

names  to  be  checked  on .  48 

original  register  to  be  at  polls .  48 

preparation  of .  44 

See,  also,  “List  of  Voters.” 

Right  of  Suffrage: 

electors,  when  excluded  from .  41 


School  Elections: 

general  registry  law,  not  to  apply  to .  42 

Secretary  of  State: 

blanks,  preparation  and  distribution  of,  by .  51 

registration  act,  to  furnish  county  clerks .  51 

statement  of  election  expenses  filed  with . .  40 


Town  Meetings: 

general  registry  law  not  to  apply  to 


42 


Index  to  General  Registration  Law^  etc.  83 

Village  Election:  page. 

general  registry  law,  not  to  apply  to .  43 

Voters: 

bets  or  wagers  by,  prohibited .  .  39 

bribery  of,  prohibited .  37 

challenge  of,  on  application  for  registry .  46 

at  election .  48 

free  exercise  of  elective  franchise  by,  not  to  be  interfered  with  . .  .  39 

intimidation  of,  prohibited . 39 

personal  appearance  of,  for  registration .  44 

registry  list  of . 44 

statements  may  be  required  of,  at  elections .  48 

statement  required  of,  on  application  for  registry .  47 

unregistered,  not  to  vote .  48 


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